TMI Blog1969 (3) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... abad and Secunderabad. On January 19, 1969, leaders, of all political parties in the Legislature of the Andhra Pradesh State appeared to have met and reached the decision that to Implement what are called Telengana Safeguards', the following measures should be taken : All non-domicile persons, who have been appointed either directly, by promotion or by transfer to posts reserved under the Andhra Pradesh Public Employment (Requirement as to Residence) Rules, 1959 for domiciles of Telengana region will be immediately relieved from service. The posts so rendered vacant will be filled by qualified candidates possessing domicile qualifications and in cases where such candidates are not available the posts shall be left unfilled till qual ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... certain areas.- (1)The Central Government may, by notification in the Official Gazette, make rules prescribing, in regard to appointments to- (a)any subordinate service or post under the State Government of Andhra Pradesh, or any requirement as to residence within the Telengana area or the said Union territory as the case may be, prior to such appointment. (2) In this section,- (a).............................. (b) Telengana area comprises all the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956. Under s. 4, the Rules had to be laid before each House of Parliament for a period of not less than 30 d s and Parliament could make such alterations as it liked. Under S. 5 the Rules had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r any other reason shall not be deemed to constitute a break in the continuity of such residence, but for purpose of calculating the said period of fifteen years any such period of temporary absence shall be excluded. The petitioners -were appointed between December 27, 1956 and July 4, 1968. They -challenge the Act, the Rules and the proposed action as ultra vires the Constitution. Their case is that Art. 16(3) under which the Act and the Rules purport to be made has been misunderstood as conferring a power to make, a law prescribing requirement as to residence in a part of a State. For this reason S. 3 of the Act is challenged as ultra vires the Constitution. Article 16 on which the Act, the Rules and the present action are all bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is make every office or employment open and available to every citizen, and inter alia to make offices or employment in one part India open to citizens in all other-parts of India. The third pause then makes an exception. This clause was amended by the Constitution (Seventh Amendment) Act, 1956. For the original words of the clause 'under any State specified in the First schedule or any local or other authority within its territory any requirement as to residence within-that State', the present words from 'under the Government' to 'Union territory' have been substituted. Nothing turns upon the amendment which seeks to apply of the exception in the clause to Union territory and to remove ambiguity in language. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erson shall be disqualified for any office in the territory of India because of his residence in any particular part of India. The exception, therefore, must be viewed narrowly and not carried to excess by interpretation. The article speaks of residence in a State and means only that. If it chose to speak of residence in parts of State such as Districts, talauqas, cities, towns etc. more appropriate and specific language could have been used such as 'any requirement as to residence within that State or Union territory or part of that State or Union territory'. Having used the word State, the unit State is only meant and not any part thereof. Reference is made to the history of the drafting of the Article and the debates in the Const ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provision regarding residence in any particular part of a State would render the general prohibition lose all its meaning. The words 'any requirement' cannot be read to warrant something which could have been said more specifically. These words bear upon the kind of residence or its duration rather than its location within the State. We accept the argument of Mr. Gupte that the Constitution, as it stands, speaks of a whole State as the venue for residential qualification and it is impossible to think that the Constituent Assembly was thinking of residence in Districts, Taluqas, cities, towns or villages. The fact that this clause is an exception and came as an amendment must dictate that a narrow construction upon the exception shou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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