Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

of study requires them to be at the places where they are pursuing their studies. Therefore, quite
clearly indirectly because they reside outside the State the said condition and Government order seek
to exclude them from obtaining employment within the State. Thus resulting in discrimination on the
ground of residence.
14. While under clause (2) of Article 16 residence in a State cannot be a ground for discrimination
in the matter of employment under the State, clause (3) makes an exception to this provision. Under
this clause the parliament is empowered to make a law prescribing residence in a particular State to be
a requirement for employment within the State. Thus residence within the State prior to seeking
employment/appointment under the State cannot be made a ground for considering a person eligible
for appointment under the State unless the Parliament has passed a law prohibiting such employment/
appointment. It is only the Parliament which can make a law by which residence within the State prior
to employment/appointment can be made compulsory or accessory for seeking employment/
appointment under the State. No such law has been shown to have been passed by the Parliament. It
is thus clear that residence within the State is not a pre-requisite for appointment under the State
Government. Therefore, the State Government cannot impose any condition which lays down that
only a local candidate would be employed or that a candidate who is not a local cannot be given
employment. Such condition would be violative of Article 16. Therefore, neither the Public Service
Commission nor the State Government could impose the condition that candidates who have passed
the examinations in question from institutions outside Madhya Pradesh are not eligible for applying for
the State Civil Services Examination and that only local candidates, that is to say, candidates who have
passed the said examinations from institutions within Madhya Pradesh would be considered eligible
for appointment under the Government.
Madhya Pradesh PSC
15. We would also like to observe that the advertisement notice in condition No.10 lays down the
minimum qualifications. The minimum qualification is that the candidate should possess a Degree from
any recognised University. Such recognised University can be from outside Madhya Pradesh also.
Thus possession of a Degree from a University outside Madhya Pradesh could be no bar. However
condition No.4 contradicts this position and derecognises the Degrees obtained after regular course
of study from Universities located outside Madhya Pradesh, which is quite clearly impermissible.
16. Before we close we would also like to refer to rule 5 of the Madhya Pradesh Civil Services
(General Conditions of Services) Rules 1961 which lays down eligibility for appointment to a service
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