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1994 (5) TMI 282

20, 1992 calling for applications for recruitment to the posts of Asstt Motor Vehicles Inspectors in Andhra Pradesh Transport Subordinate Service. Though appellants had applied for the said posts, since they possessed only the qualification of diploma in Mechanical Engineering, they were not called for interview. The appellants, therefore, filed O.A. Nos. 2757/92 and batch in the A.P. Administrative Tribunal questioning the competence of the State Govt. in prescribing the qualification of degree in Mechanical Engineering or Degree in Automobile Engineering or diploma in Automobile Engineering or any equivalent qualification as conditions for recruitment, contending that it was the Central Government which had been conferred with the power u .....

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ree in mechanical engineering becomes void since it runs in conflict with the qualifications prescribed by the Central Govt. Therefore, the State rules become inapplicable. In support thereof it was further contended that other State Governments had fallen in line in prescribing the qualification of Diploma in Mechanical Engg. prescribed by the Central Govt. and the State Govt. of A.P. had not adopted that course. Since the State rule is in conflict with the Central rule, the Central rule would prevail over the State rules, by operation of Article 254 of the Constitution. 4. Sri V.R. Reddy, learned A.S.G. argued that sub-section (1) of Section 213 of the Act preserves, the power to the State Govt. to appoint an officer or class of officers .....

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ficers. The Parliament preserved that power to the State Govt. under Section 213(1) itself by allowing it to appoint their officers whom it finds fit to carry into effect the provisions of the Act. Sub-section (4) gives power to the Central Govt., having regard to the object of the Act, by a Notification in the Official Gazette "to prescribe minimum qualification" which the officers or class of officers thereof shall possess for being appointed as such officer or to the cadre belonging to the State Govt. Under Entry 41 of list II (State List) of VIIth Schedule to the Constitution, the public service includes the services of the officers to be appointed under sub-section (1) of Section 213 of the Act. No doubt, as contended by the .....

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List I or concurrent power with the State legislature (sic) of the Seventh Schedule to the Constitution which shall prevail over the State law made by the State Legislature exercising the power on any of the entries in List III. If the said law is inconsistent with or incompatible to occupy the same field, to that extent the State law stands superseded or becomes void. It is settled law that when Parliament and the Legislature derive that power under Article 246(2) and the entry in the concurrent list, whether prior or later to the law made by the State legislature, Article 246(2) gives power, to legislate upon any subject enumerated in the concurrent list, the law made by the Parliament gets paramountcy over the law made by the State Legi .....

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he Act through its officers. Therefore, sub-section (1) of Section 213 gives power to the State Govt. to create Transport Department and to appoint officers, as it thinks fit Sub-section (4) thereof also preserves the power. By necessary implication, it also preserves the power to prescribe higher qualification for appointment of officers of the State Govt. to man the Motor Vehicles Department. What was done by the Central Govt. was only the prescription of minimum qualifications, leaving the field open to the State Govt. concerned to prescribe if it finds necessary higher qualifications. The Governor has been given power under proviso to Article 309 of the Constitution, subject to any law made by the State Legislature, to make rules regula .....

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ng is one of the higher qualifications than diploma. Since Section 213(4) gives such power, to the State Govt. by operation of Section 217 of the Act, the statutory rules remain valid and operate in the field without colliding with the Central Rules. Both the Rules would operate harmoniously and effect can be given to both the Rules. Thus the question of inconsistency or repugnancy under Article 254 of the Constitution does not arise. Therefore, we do not find that there is any conflict in the exercise of power by both Central and State Governments ; or inconsistency in operation of the provisions of the statutory rules made by the Governor under proviso to Article 309 and the rules made by the Central Govt. under Section 213(4) of the Act. .....

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