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1983 Supreme(Raj) 547

G.M.LODHA, N.M.KASLIWAL, K.S.SIDHU
Rajmal Mehta – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:R.C. Joshi, Advocate.
For the Respondent:N.L. Jain, Advocate General.

JUDGMENT

1. - This case has been referred by learned single Judge for decision by a full Bench as the case involved interpretation of Article 309 of the Constitution of India. The writ petition as a whole has been referred to the full Bench and as such apart from the legal question raised in the case, the entire writ petition has to be decided on merits.

2. The Government in exercise of powers conferred by sub-section (1) of Section 79 read with Section 26 of the Rajasthan Panchayat Samitis and "Lila Parishad Act, 1959 (hereinafter referred to as "the Act"), had framed Rajasthan Panchyat Samiti (Selection of Vikas Adhikaris) Rules, 1968 (hereinafter referred to as 'the Rules of 1968"). According to these rules Vikas Adhikaris were to be recruited from the members of -

(a) Rajasthan Animal Husbandry Service Group C. II.

(b) Rajasthan Agriculture Subordinate Service

(c) Non R.A.S.

3. The Governor in exercise of its powers conferred under Article 309 of the Constitution of India framed the Rajasthan Civil Services (Special Selection & Special Conditions of Service of Vikas Adhikaris) Rules, 1982 which came into force on October 18, 1982 (hereinafter referred to as 'the Rules of 1982"). Rul









































































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