1. - The petitioner, in this writ petition under Article 226 of the Constitution, has challenged the constitutional validity of Rule 320A, which was added in Part VIII, Section XVIII of the Rajasthan Prisons Rules, 1951 (for short 'the Rules' hereafter) made under Section 59 of the Prisons Act (No. IX of 1894), ('the Act') hereinafter.

2. The petitioner was appointed as a warder in Central Jail, Jodhpur, on January 1, 1970 and he was confirmed on this post in 1973 The petitioner has stated that he is the Secretary of the Jail Branch of the Rajasthan Subordinate Services Association of Jodhpur District, A notification No. GSR 149, dated December 15, 1978 (Ann. 1, was published in the Rajasthan Rajpatra, dated December 28, 1978 by which, in exercise of the powers conferred upon him by proviso to Article 309 of he Constitution, the Governor of Rajasthan amended the Rules by adding the following new Rule 320A after existing Rule 320.

"320A. Restrictions respecting right to form Association, freedom of speech etc.-

(1) No subordinate officer shall without the express sanction, of the Government:

(a) be a member of, or be associated in any way with any trade union, labour unions of