( 1 ) THIS appeal has been preferred against a judgment of Mr. Justice Mehrotra by which he dismissed a petition of the appellant filed under Article 223 of the Constitution.

( 2 ) THE appellant is an Engineer employed under the State of Uttar Pradesh in the Public Works department He claims to be a Hindu by religion. He was married to respondent No. 3 in 1934. A daughter was bom of the marriage. Thereafter the respondent No. 3 began to miscarry. No son was ever born to her and it has been found that on medical grounds the respondent No. 3 was incapable of bearing a son. Both the appellant and his father believe that according to Hindu Dharm Shastras salvation was not possible without a son and in the absence of a male child in the family a number of religious obligations would remain unfulfilled. The appellant, therefore, decided to marry a second wife in the hope that he will be able to get a son by her. The respondent No. 3 at first consented to the proposal but then changed her mind. At her instance, relying on Rule 27 of the Government Servants Conduct Rules the State government directed the appellant not to marry a second wife without obtaining its permission.