JUDGMENT

Satish Chandra Sharma, C.J.

1. The Petitioner before this Court, a practicing advocate, has filed the present petition challenging the constitutional validity of order dated 18.03.2015 passed by the Secretary, Revenue and Divisional Commissioner, Revenue in the matter of recruitment of civil defence volunteers. The Petitioner has prayed for the following reliefs:

"A. Issue appropriate writ/order/direction declaring sub clause (I) to clause 3 of order no. F.NO.T.A35(77)/CD/2011/5632-45, DATED 18.03.2015, passed by SH. ASHWANI KUMAR, SECRETARY(REVENUE) & DIVISIONAL COMMISSIONER (REVENUE), GOVERNMENT OF NCT OF DELHI, to the extent making "resident of delhi" as a necessary condition precedent to become eligible for being a Civil Defense Corp as invalid/void being inconsistent to the Parent Act and regulation made therein and ultra vires & unconstitutional the Constitution of India.

B. Pass any other order as may be deem fit by this Hon'ble court in the facts and circumstances of the case."

2. The facts of the case reveal that The Civil Defence Act, 1968 was enacted after the Chinese invasion of our country in 1962. It was felt that in order to minimize loss of life, to maintain continuity of prohibition and to restore quickly the disrupted civil services, civil defence measures should be adopted in places which were the most likely targets of enemy attack.

3. The Act provides for maintenance of Civil Defence Services in the States and Union Territories and it came into force on 10.07.1968. Section 4 and Section 5 of the Act which deals with constitution of civil defence corps and appointment of members and officers reads as under:

"4. Constitution of Civil Defence Corps.-(1) The State Government may constitute, for any area within the State, a body of persons to be called the Civil Defence Corps (hereinafter referred to as the "Corps") and may appoint a person, not being, in its opinion, below the rank of a District Magistrate (to be known as the "Controller") to command such Corps:

Provided that if there is in existence in any area in a State, immediately before the commencement of this Act in that area, an organisation which, in the opinion of the State Government, may be entrusted with the functions of the Corps, the State Government may, instead of constituting a separate Corps for such area, call upon that organisation to take over or discharge the functions of the Corps in that area, and thereupon such organisation shall be deemed, for the purposes of this Act, to be the Corps for that area.

(2) The State Government may, for the purpose of co-ordinating the activities of the Controllers within the State, appoint a Director of Civil Defence and every Controller shall comply with the directions given by such Director.

5. Appointment of members and officers.-(1) The State Government may appoint as members of the Corps persons who are fit and willing to serve as such and the Controller may appoint any member so appointed to such office or command in the Corps, as such member is, in the opinion of the Controller, fit to hold.

(2) Every person appointed to be a member of the Corps shall be given a certificate of membership in such form as may be prescribed."

4. The Central Government in exercise of powers conferred by Section 3 of the Civil Defence Act, 1968 has framed Rules which deal with various contingencies in case of an emergency and otherwise also and in exercise of powers conferred under Rule 9, the Central Government has framed Civil Defence Regulations, 1968 which deal with appointment of civil defence volunteers. Regulation 4, 5 and 6 of the Regulations read as under:

"4. Manner of application.- (1) Every person eligible for appointment under regulation 3 shall be required to apply in Form "A" and also present himself for interview before the competent authority.

(2) Every candidate shall be required to produce a certificate from his employer agreeing to spare his service for training and duty, when so required.

(3) T