GOPAL RAO EKBOTE, J.

( 1 ) IN all these Writ Petitions, two questions of some importance are raised. The first questions whether as a result of the Supreme Court decision in A. V. S. N. Rao v. State of Andhra Pradesh, Air 1970 SC 422, striking down Section 3 and Rule 3 made thereunder as unconstitutional, Section 2 of the Public Employment (Requirement as to Residence) Act, 1957, hereinafter called "the Public Employment Act" survives and consequently the Mulki rules which were repealed by virtue of Section 2 continue to be repealed. Secondly if Section 2 of the Public Employment Act is found not to be surviving after Section 3 has been found to be void, whether Mulki rules ceased to be effective after the formation of the Andhra Pradesh State on 1-11-1956 or thereafter.

( 2 ) IN order to appreciate the implications of these contentions, it is useful to survey the historical background of the Public Employment Act. The Telengana area formerly was a part of the State of Hyderabad. The Hyderabad State comprised to three linguistic areas, Telegana, Marathwada and Karnatak. In 1919 the Nizam issued a Fireman promulgating what has come to be known as Mulki rules. These rules were contained in Appendix N to the Hyderabad Civil Service Regulations. In fact the terms Mulki and Mulki rules were used in Rule 39 of the said regulation. Appendix N provided who should be considered Mulki for purpose of appointment to any service in the former State of Hyderabad. rule 39 provided:"no person will be appointed to any superior or inferior service without specific sanction of His Exalted Highness, if he is not a Mulki in terms of the rules laid down in Appendix N. any person, whose domicile is canceled under para 9 of the Mulki rules, will be considered to have been dismissed from his post from the date of such cancellation. "

( 3 ) APPENDIX N in all contains six rules. It is unnecessary to read them all fully here. It is perhaps enough for out purpose to read Rule 1 which defines the term Mulki. "1. A person shall be called a Mulki if: (a) By birth he is a subject of Hyderabad State; or (b) By residence in the Hyderabad State he has been entitled to be a Mulki; or (c) His father having completed 15 years of service was in the Government service, at the time of his (childs) birth; or (d) She is a wife of a person who is a Mulki. "rule 2 states tat a person shall be called a subject of the State by birth if his father was a Mulki at the time of his birth.

( 4 ) RULE 3 which is relevant must be read in full:"a person shall be called a Mulki who has permanent residence in the Hyderabad State for at least 15 years and has abandon one the idea of returning to the place of his previous residence and has obtained a Certificate to that effect on a prescribed form attested by a Magistrate. "

( 5 ) RULES 4 and 5 relate to the effect of marriage on the question of Mulki.

( 6 ) RULE 6 prescribes the authorities who are competent to issue Mulki certificates.

( 7 ) IN November 1949, the Nizam by a firman confirmed the provisions relating to the Mulki rules for purposes of appointment to a post under Government.

( 8 ) THESE rules had the force of law and remained effective till the Constitution of India came into force on 26-1-1950. On that date by virtue of the constitution, the Hyderabad State was declared as Part B State. In so far as the Mulki rules for appointments on the basis of residence were concerned, it is common ground that they were continued as law in force.

( 9 ) THE Government in Circular Letter No. 7325/gad. S/f 3-Cir/50 dated 14-6-1950 gave directions that the birth and descent qualifications for purposes of recruitment to services under the government should not be insisted upon. It was made clear that after the advent of the Constitution, the qualification of residence of 15 years prescribed in the Mulki rules is saved and that those rules shall be continued to be applied for purposes of recruitment to services till a uniform policy in regar