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CCSAP Report - Ministry of Home Affairs

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that the Mulki Rules were valid and continued to be in force even after the<br />

enactment <strong>of</strong> the Public Employment (Requirement as to Residence) Act, 1957.<br />

However, the Apex Court did not delve into the “interpretation and applicability”<br />

<strong>of</strong> the Mulki Rules, as these questions were not raised before it.<br />

5.18 The Mulki Rules Act, 1972<br />

5.18.01 After the Supreme Court judgment validating the continuance <strong>of</strong><br />

the Mulki Rules, there was political crisis in the state and the people <strong>of</strong> the<br />

Andhra region started agitating against the Mulki Rules. The residential<br />

qualification <strong>of</strong> 15 years <strong>of</strong> residence in the Telangana region for securing public<br />

employment in that region had always existed, first through the Mulki Rules (as<br />

adapted/ amended in 1950) and thereafter through the Public Employment<br />

(Requirement as to Residence) Act, 1957.<br />

5.18.02 The Supreme Court order, dated 3.10.1972, merely re-introduced<br />

the same 15 years residential qualification (by reviving the Mulki Rules) that had<br />

been extinguished by the Supreme Court order dated 28.03.1969 (by declaring<br />

Section 3 <strong>of</strong> the Public Employment Act ultra vires).<br />

5.18.03 The Mulki Rules Act received the President‟s assent on December<br />

30, 1972, and provided for: (a) amendments to the Mulki Rules to limit their<br />

operations; (b) validation <strong>of</strong> certain appointments; and (c) repeal <strong>of</strong> the said<br />

Rules in a phased manner. Sections 3(1) and (2) limited the applicability <strong>of</strong> the<br />

Mulki Rules, from retrospective effect (1.11.1956) to certain specified posts only.<br />

Section 6 laid down that Mulki Rules shall continue in the twin cities <strong>of</strong><br />

Hyderabad-Secunderabad till 31.12.1977. Section 7 laid down that the Mulki<br />

Rules shall continue in the Telangana area, excluding the twin cities, till<br />

31.12.1980. However, the most vital sections <strong>of</strong> the Act are Section 3(3) and<br />

Section 4. Section 3(3) says that, during the period 1.11.1956 to 30.12.1972, if<br />

any appointments were made to the non-specified posts in violation <strong>of</strong> the Mulki<br />

Rules, then such appointments will not be deemed to be illegal or void. Further,<br />

263

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