C. V. RANE, M. P. THAKKAR, J.

( 1 ) THIS petition under Article 226 of the Constitution by a convict who is undergoing a sentence of imprisonment for life imposed him by a competent court for an offence under sec. 302 of the Indian Penal Code as also simultaneously therewith undergoing a sentence of rigorous imprisonment for seven years imposed on him by another Sessions Court for offences under sec. 39t and 393 of the Indian Penal Code has given rise to a challenge to the vires of rule 4 (2) of the Prisons (Bombay Furlough and Parole) Rules 1959 hereinafter referred to as the Parole Rules framed in exercises of powers conferred by the relevant provisions of the Prisons Act 1894 on the ground that the said rule is discriminatory in character and is violative of the fundamental rights guaranteed by Article 14 of the Constitution of India.

( 2 ) THE petitioner who is undergoing simultaneously in the Ahmedabad Central Prison the sentence of life imprisonment imposed on September 30 1969 by the Sessions Judge Jamnagar in Sessions Case No. 25 of 1969 for an offence under sec. 302 of the Indian Penal Code as also a sentence of seven years rigorous imprisonment imposed on May 22 1970 by th

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