A.GOPAL RAO, A.SAMBASIVA RAO, N.KUMARAYYA
P. Lakshmana Rao – Appellant
Versus
State Of A. P. – Respondent
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Act, 1957, hereinafter called "the Public Employment Act" survives and consequently the Mulki rules which were repealed by virtue of Section 2 continue to be repealed.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 contai
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