DESAI, C.J. : This petition involving the question of constitutionality of Art. 465 of the Civil Service Regulations which came up for hearing before our brother Oak has been referred by him to a larger bench on account of conflict of decisions on the question. In the petition Abdul Ahad seeks certlorari for the quashing of an order passed by the Superintendent of Police Bareilly, on 17-4-1961 compulsorily retiring him from the post of a Head constable and mandamus requiring the Deputy Inspector General of Police and the Inspector General of Police not to terminate his services.

2. The petitioner was enrolled as a constable in the police force under the Police Act, 1861, in 1933, was promoted as a head constable in 1945 and was confirmed in that post in 1947. He was fortyeight years old when the impugned order was passed against him. Section 2 of the Police Act lays down that pay and all other conditions of service of members of the subordinate ranks of any police force shall be such as may be determined by the State Government. In exercise of this power the State Government in 1944 made the following rule for compulsory retirement before the age of superannuation of subord