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1975 Supreme(Raj) 93

D.P.GUPTA
Arjun Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
M.R. Calla, for Petitioner; M. Mridul, for Intervenor, A.K. Mathur, Addl. Govt. Advocate, for the State.

Judgement

ORDER :- The question which arises in this writ petition at the outset is as to whether the grounds that the petitioner desires to urge could be allowed to be raised in view of the order issued by the President of India suspending the rights of all persons to move any Court for the enforcement of the rights conferred by Article 14 of the Constitution of India, after the proclamation of emergency.

2. Learned counsel for the petitioner, Mr. Calla, urged that although the rights conferred by Article 14 cannot be enforced by this Court in view of the Presidential declaration, yet the rights conferred by Article 16 of the Constitution in matters relating to employment and appointment to any office under the State could still be invoked, as the order issued by the President does not affect the provisions of Article 16 of the Constitution.

3. Mr. Mridul, appearing as an intervenor supported the aforesaid contention of the learned counsel for the petitioner and argued that the provisions of Article 16 could still be pressed into service in spite of the suspension of the rights conferred by Article 14. On the other hand, Mr. Mathur, learned Additional Government Advocate, submitted t

























































































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