CCSAP Report - Ministry of Home Affairs

5.16.02 The petitioners filed a writ petition in the Supreme Court
challenging the Act, the Rules and the proposed action of the state Government
as ultra vires of the Constitution. The Supreme Court, after analysing the relevant
provisions of the Constitution and the Act, granted injunction on the Andhra
Government order of relieving non-domicile employees employed in the
Telangana region by February 28, 1969, and further declared that Section 3 of
the Public Employment (Requirement as to Residence) Act, 1957, in so far as it
related to Telangana and Rule 3 of the Rules under it were ultra vires of the
Constitution. The Supreme Court based its judgment on the argument that the
Parliament, in exercise of its powers under Article(s) 35(a) and 16(3) of the
Constitution, could make laws with regard to residential qualifications for the
whole “state” but not for “parts” of the state.
5.16.03 The Supreme Court order, dated 28.03.1969, brought to a
premature end to Section 3 of the Public Employment (Requirement as to
Residence) Act, 1957, in so far as it related to Telangana, and Rule 3 of the
Rules, which would have otherwise continued till March, 1974. It is pertinent to
note that at this point in time, there existed no constitutional/legal safeguards for
the residents of the Telangana region in the matter of reservation in public
employment. Section 2 of the Act had automatically repealed the Mulki Rules in
March, 1959, when the Act had come into operation. Now, the requirement as to
residence, put in place by Section 3 of the Act and Rule 3 of the Rules, had also
been extinguished by the judgment of the Supreme Court.
5.17 Revival of Mulki Rules
5.17.01 The Supreme Court order, dated 28.03.1969, which declared
Section 3 of the Public Employment (Requirement as to Residence) Act, 1957,
and Rule 3 of the Rules as ultra-vires, extinguished the 15 years requirement as
to residence. The Mulki Rules already stood repealed as a result of the operation
of Section 2 of the Public Employment (Requirement as to Residence) Act, 1957,
since March 1959. So, did it mean that no safeguard (of residential qualification)
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