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1969 Supreme(Del) 89

V.S.DESHPANDE
S. C. SHARMA – Appellant
Versus
UNION OF INDIA – Respondent


V. S. DESHPANDE

( 1 ) IN this writ petition we are concerned with the :rue construction and the legality of certain provisions of the Central Health Services Rules, 1963 (hereinafter called the Original Rules of 1963) as amended by the Central Health Services (Amendment) Rules, 1966 (hereinafter called the Rules of 1966 ) and the Central Health Services (Second Amendment) Rules, 1967 (hereinafter called the Rules of 1967 ).

( 2 ) IN exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President promulgated the Central Health Services Rules, 1963 constituting the Central Health Services by Rule 3 thereof. Under Rule 7 thereof, the Union Public Service Commission constituted a Selection Committee to determine the suitability of the departmental candidates for appointments to the different categories of the Central Health Service on its initial constitution, which are described in the first schedule thereto Accordingly, the petitioner was selected and appointed to a post in category E of the said service on the 1st January, 1965 under Rule 7 thereof. However, the Rules of 1966 added Rule 7a of the Original Rules of 1963, the relevant portion of w













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