The power of classification includes the power of sub-classification.

( 1 ) THE validity of Statute No. XIV-25 (i) and (ii) of the first statutes of the Jawaharlal Nehru Technological University made and notified by the Governor of Andhra Pradesh in exercise of the powers conferred by Sub-s. (1) of S. 24 of the Jawaharlal Nehru Technological University Act, 1972 (referred to hereinafter merely as "the Act") is assailed in this writ petition filed under Art. 226 of the Constitution of India on the ground that it is violative of Art. 14 of the constitution in India.

( 2 ) DURING the course of arguments on the basis of what is contained in reply affidavit the validity of the classification in Statute XIV (1) and the categorisation in Statute XIV-25 were also assailed on the ground that they are ultra virus. FACTS:

( 3 ) THE petitioners who were working in the Government Engineering Colleges prior the 2/10/1972 were transferred to the Jawaharlal Nehru Technological University (referred to hereinafter merely as the University) along with the engineering colleges on Oct 2, 1972. They were all working in different categories and posts such as Personal Assistants, Hostel Managers, Officer Superintendents, Managers, Upper Division Clerks, Lower Division Clerks, Stenographers and Typists in the Andhra Pradesh Technical Education Service and the Andhra Pradesh Ministerial Service and the Andhra Pradesh Ministerial Service in the Engineering Colleges at Anantapur, Kakinada. Nagarjunsagar Engineering college, Hyderabad and the College of Fine Arts and Architecture, Hyderabad. They were all referred in the counter affidavit as persons working "in the Administrative and Ministerial category prior to their transfer to the University".

( 4 ) A total staff of 535 persons belonging to various categories working in the said colleges was made over to the service of the University. Out of the said 535. only 45 belonged to the administrative and ministerial category to which the petitioners belong, and 19 belonged to Class IV in the Government Service whose age of superannuation was fixed at 60 years according to Government rules. But so far at the rest of the employees i. e. 516 are concerned, their age of superannuation, according to Government Service rules, was 55 years for all the categories. The 1st respondent herein, made the statute prescribing 60 years superannuation to 471 of them and prescribing the age of 55 years of superannuation to 45 of them belonging to the administrative and ministerial category to which the petitioners belong.

( 5 ) AS per the impugned Statute XIV- 25, an employee of the University expecting the administrative and ministerial employees shall retire on superannuation when he attains the age of 60 years and an administrative and ministerial employee of the University shall retire on superannuation when he attains the age of 55 years. The petitioners contend that all the employees of the university were drawn from the same source and fixing the age of retirement to some at 60 years and to the petitioners at 55 years, is violative of the equality before the law and equal protection of laws clause of Article 14 of the constitution. It is under those circumstances, the above writ petition was filed by the petitioners seeking the issuance of an appropriate writ for a declaration that Statute No. XIV 25 (i) and XIV 25 (ii) issued in G. O. Ms. No. 1191 Education (J) dated 1 9/12/1974 is null and void being violative of Article 14 of the Constitution of India. The petitioners contended that they were promised by the University authorities that their age of superannuation would be fixed at 60 years but that was denied in the counter. The Registrar of the University in his counter contended that the impugned statues are not violative of Art. 14 of the constitution and the statutes are made on the 19th Dec. 1974 and their validity is sought to be attacked in the year 1977 and the writ petition is therefore a belated one. In reply affidavit, the plea of ultra virus was taken by the