SHRI T. SHAM BHAT versus UNION OF INDIA AND ANR.

SHRI T. SHAM BHAT versus UNION OF INDIA AND ANR.

Regulation 2 of the IAS (Appointment by Selection) Second Amendment Regulations, 1989, which classifies non-State Civil Service class I and class II officers together as a common class for selection to the IAS, is arbitrary, unreasonable and discriminatory, violating Articles 14 and 16; the increase of eligibility period from 8 to 12 years for class I officers is unjust, arbitrary, unreasonable, and affects legitimate expectations; the Central Government exceeded its authority by providing eligibility to class II officers, which is not contemplated by the IAS (Recruitment) Rules.

Parties
Appellant: SHRI T. SHAM BHAT; Respondents: Union of India and Anr.
Jurisdiction
India
Judgment Date
29 July 1994
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Order of the Central Administrative Tribunal, Bangalore
Outcome
Appeal allowed; Regulation 2 of the IAS (Appointment by Selection) Second Amendment Regulations, 1989 struck down; corresponding amendment regulations quashed as unconstitutional.
Legal Topics
IAS Appointment by Selection, Classification Under Articles 14 and 16, Doctrine of Legitimate Expectation, Delegated Legislation, Severability
Constitutional Law Service Law Administrative Law IAS Appointment by Selection Classification Under Articles 14 and 16 Doctrine of Legitimate Expectation Delegated Legislation Severability

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Parties

SHRI T. SHAM BHAT

Appellant

Union of India and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Order of the Central Administrative Tribunal, Bangalore

Legal Issues

  1. 1 Whether Regulation 2 of the IAS (Appointment by Selection) Second Amendment Regulations, 1989, classifying non-State Civil Service class I and class II officers together for selection to the IAS, is arbitrary, unreasonable and violative of Articles 14 and 16 of the Constitution.
  2. 2 Whether increasing the eligibility period from 8 years to 12 years for non-State Civil Service class I officers was constitutionally valid.
  3. 3 Whether the Central Government exceeded its authority by allowing eligibility for selection to the IAS to non-State Civil Service class II officers.

Ratio Decidendi

Regulation 2 of the IAS (Appointment by Selection) Second Amendment Regulations, 1989, which classifies non-State Civil Service class I and class II officers together as a common class for selection to the IAS, is arbitrary, unreasonable and discriminatory, violating Articles 14 and 16; the increase of eligibility period from 8 to 12 years for class I officers is unjust, arbitrary, unreasonable, and affects legitimate expectations; the Central Government exceeded its authority by providing eligibility to class II officers, which is not contemplated by the IAS (Recruitment) Rules.

Court Disposition

Appeal allowed; Regulation 2 of the IAS (Appointment by Selection) Second Amendment Regulations, 1989 struck down; corresponding amendment regulations quashed as unconstitutional.

Orders

  • Order of the Central Administrative Tribunal, Bangalore, set aside.
  • Appellant's application before the Tribunal allowed.