1981 INSC 0250
                                               Bal Ram Prasad Rawat
                                                           Vs

                                                 State of U.P. others
                                                Ram Asrey Malviya

                                                           Vs
                                              State of U.P. and Others
                                             Narender Singh Gangwar

                                                           Vs
                                              State of U.P. and Others

                                                   Dasrath Tripathi
                                                           Vs

                                              State of U.P. and Others
                                                          And

                                                    Prahlad Singh
                                                           Vs

                                              State of U.P. and Others
                                        Rama Shankar Shukla and Others

                                                           Vs
                                              State of U.P. and Others
   Special Leave Petitions (Civil) Nos. 10026, 10027, 10805 and 11154 of 1980; 596 of 1981 and

                                                    10028 of 1980
                                                      (Misra, J.)
                                                      10.04.1981

                                                     JUDGMENT
MISRA, J. ­
1. These are six petitions for grant of special leave to appeal. The first five petitions are directed
against the order dated November 4, 1980, of the High Court of Allahabad dismissing five writ
petitions on the ground that the petitioners therein have an alternative remedy, while the last
petition, that is special leave petition 10028 of 1980, challenges a similar order dated November 17,
1980. All these petitions were ordered to be listed along with Civil Appeal 282 of 1980 arising out
of a special leave petition filed by the State of Uttar Pradesh against one Ram Gopal Shukla.

2. Shri Yogeshwar Prasad appearing for some of the petitioners has pointed out that the High Court
granted relief to one Har Prashad in a similar case but made invidious distinction in rejecting these
petitions on the ground above states. The petitioners seek to challenge the vires of Rules 7-A and 7-
B added on July 4, 1972, to the Uttar Pradesh Promotion by Selection in Consultation with Public
Service Commission (Procedure) Rules, 1970 which were declared to be ultra vires the Constitution
by the High Court of Allahabad in a judgment dated March 29, 1979, in the writ petition filed by
the aforesaid Ram Gopal Shukla (Writ Petition 524 of 1975). Against that judgment, the State
Government filed an application under Article 136 of the Constitution for special leave to appeal
which was granted giving rise to Civil Appeal 282 of 1980. By a separate order of today's date, the
appeal filed by the State has been dismissed (State of U.P. v. Ram Gopal Shukla, (1981) 3 SCC 1)
and the judgment of the High Court has been confirmed, with the result that the aforesaid Rules 7-A
and 7-B stand declared void being violative of Articles 14 and 16 of the Constitution. In view of the
judgment in Civil Appeal 282 of 1980 (State of U.P. v. Ram Gopal Shukla, (1981) 3 SCC 1), filed
by the State against Ram Gopal Shukla, no useful purpose will be served by directing the petitioners
to avail of the alternative remedy by approaching the U.P. Public Service Tribunal, specially when
in a similar situation Har Prashad was given the relief under Article 226 of the Constitution by the
same High Court. In the circumstances, we granted special leave petitions and treated the same as
civil appeals. The notice of these appeals was accepted by the counsel for the State.

3. After hearing the counsel for the appellants, we allow these appeals and quash the orders of the
High Court dated November 4, 1980, and November 17, 1980, and declare Rules 7-A and 7-B
aforesaid to be ultra vires Articles 14 and 16 of the Constitution. We, however, make no order as to
costs.

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