ivil Appeal No 1259 of 1990
From the Judgment and Order dated 6101989 of the Andhra Pradesh Administrative Tribunal in RP No 2403 of 1987
Dr LM Singhvi and YPRao for the Appellants
PP Rao K Madhava Reddy Ms Rani Chhabra TVSN Chari and B Rajeshwar Rao for the Respondents
The Judgment of the Court was delivered by K RAMASWAMY J
1
Special leave granted
This appeal under Article 136 is against the order dated October 6 1989 made in RP No 2403 of 1987
The facts are as under 2
The respondents Nos 4  5 B Kumara Swamy and G Amarender in this appeal filed RP No 1615 of 1984 before the Andhra Pradesh Administrative Tribunal Hyderabad contending for promotion from Senior Assistant to Assistant Commercial Taxes Officer zonal seniority of Warangal local area comprising of Warangal Khammam Karimnagar and Adila bad is the criteria
The Adilabad division consisting of Adilabad and Karimnagar Districts of the Commercial Taxes Division cannot be treated to be a zone and the divisional seniority prepared by the department is bad in law
It was held by the Tribunal by order dated February 18 1986 that the zonal seniority is the criteria
Though for the admin istrative convenience a division consisting of the revenue districts of Adilabad and Karimnagar may be treated as one division and Warangal and Khammam as Warangal division may be carved out for the purpose of promotion zonal seniority has to be maintained
Accordingly the Tribunal allowed the Representation Petition
The Government of Andhra Pradesh in exercising its power under cl
5 of article 371 D annulled that order which had given rise to filing of WP No 998 of 1986 in this Court under article 32 of the Constitution
This Court declared cl
5 of article 371 D of the Constitution as ultra vires violating the basic structure
The State Govern ment filed SLP No 8868 of 1987 against order in RP No 1615 of 1984 which was dismissed by this Court on December 7 1987
Subsequently the petitioners impleading the 566 respondents Nos 4 and 5 and the 6th respondent G Satya Rao filed RP No 2403 of 1987 which was dismissed by the Tribunal
The appellants filed Civil Appeal No 3203 of 1989 which was allowed by this Court and remitted to the Tribunal and directed to examine the legal effect of the Government order in GOMs
No 1648 dated November 20 1982 after again hearing the parties
 Thereafter the Tribunal after considering the effects of the GO held that in the im pugned order that GOMs
No 1648 was issued under Para 52c of the Andhra Pradesh Public Employment Organisa tion of Local Cadres and Regulation of Direct Recruitment Order 1975 for that the order  no allotment of cadre in terms of para 4 of the order was issued
The GOMs
No 1648 and GOMs
No 1900 do not mention the constitution of new local cadre for Adilabad Division and no order was issued constituting a separate cadre in terms of the or der 
Accordingly it reiterated the original order dated April 29 1988
The Constitution Thirtysecond Amendment Act 1973 through section 3 thereof brought into the Constitution article 371 D with effect from July 1 1974
This is a special provision in respect of the State of Andhra Pradesh empower ing the President having regard to the requirements of the State as a whole for equitable opportunities and facilities for the people belonging to different parts of the State in the matter of public employment and in the matter of educa tion and different provisions may be made for various parts of the State to make an order in particular a require the State Government to organise any class or classes of posts in a civil service of or any class or classes of civil posts under the State into different local cadres for different parts of the State and allot in accord ance with such principles and procedure as may be specified in the order the persons holding such posts to the local cadres so organised b specify any part or parts of the State which shall be regarded as the local area i for direct recruitment to posts in any local cadre whether organised in pursuance of an order under this article or constituted otherwise under the State Government   Other clauses are not relevant for the purpose of this case Hence omitted 567 4
In exercise of the power under cl
1  cl
2 of article 371 D the President issued the order  in GSR No 524 E dated October 18 1975 which was notified through GOMs
No 674 dated October 20 1975
Para 21c inter pretation clause defines local area  in relation to local cadre thus  local area  in relation to any local cadre means the local area specified in paragraph 6 for direct recruitment to posts in such local cadre and includes in respect of posts belonging to the category of Civil Assistant Surgeons the local area specified in sub paragraph 5 of paragraph 8 of this Order
 Para 21e defines local cadre   local cadre  means any local cadre of posts under the State Government organised in pursuance of paragraph 3 or constituted otherwise for any part of the State
 Para 21m defines zone   zone  means a zone specified in the Second Schedule com prising the territories mentioned therein
 Para 31 provides organisation of local cadres The State Government shall within a period of twelve months from the commencement of this Order organise classes of posts in the civil services of and classes of civil posts under the State into different local cadres for different parts of the State to the extent and in the manner hereinafter provided
 The proviso thereto was added and was published through GOMs
No 34GASPF
A Deptt
dated January 24 1981 which reads thus Provided that notwithstanding the expiration of the said period the President may by order require the State Gov ernment whenever he considers it expedient so to do to organise any classes of posts in the civil services of and classes of civil posts under the State into different local cadres for different parts of the State
 emphasis supplied 568 Sub paragraph 2 provides that the posts belonging to the category of lower division clerk now redesignated as Junior Assistant and to each of the other categories equivalent to or lower than that of a lower division clerk in each department in each district shall be organised into a separate cadre
Sub paragraph 3 provides the posts belonging to each non gazetted category other than those referred to in sub paragraph 2 in each zone shall be organised into a separate cadre
Sub paragraph 4 provides the post belonging to each specified gazetted category in each department in each zone shall be organised into a separate cadre
Paragraph 35 with a non obstanti clause provides that Notwithstanding anything contained in sub paragraphs 3 and 4 the State Government may where it considers it expedient so to do and with the approval of the Central Government organise the posts belonging to any of the cate gories referred to therein in any department or any estab lishment thereof in two or more contiguous zones into a single cadre
 Sub paragraph 6 is not material
Hence omitted
Sub paragraph 7 provides In organising a separate cadre in respect of any category of posts in any department for any part of the State noth ing in this Order shall be deemed to prevent the State Government from organising or continuing more than one cadre in respect of such category in such department for such part of the State Paragraph 38 is also not necessary
Hence omitted
emphas is supplied Paragraph 4 provides mode of allotment of persons holding posts required to be organised into local cadres in accordance with the principles and procedure laid down therein the details of which are not material
Hence omit ted
Paragraph 5 declares that 1 Each part of the State for which a local cadre has been organised in respect of any category of posts shall be 569 a separate unit for purposes of recruitment appointment discharge seniority promotion and transfer and such other matters as may be specified by the State Government in respect of that category of posts Other sub paragraphs relate to transfer of persons and are not relevant for the purpose of this case
Hence omitted
Paragraph 6 deals with local areas 1 Each district shall be regarded as a local area i for direct recruitment to posts in any local cadre under the State Government comprising all or any of the posts in any department in that district belonging to the category of a lower division clerk or to any other category equivalent to or lower than that of a lower division clerk Junior Assistant ii for direct recruitment to posts in any local authority within that district carrying a scale of pay the minimum of which does not exceed the minimum of the scale of pay of a lower division clerk or a fixed pay not exceeding that amount
2 Each zone shall be regarded as a local area the details of which are not material
Hence omitted
emphasis supplied In the Table Local area and the ratio  in the Schedule the State of Andhra Pradesh was divided into seven zones and zone V consists of the revenue districts of Adilabad Karim nagar Warangal and Khammam
Instructions have been issued for implementation of the order through GOMs
No 728 dated November 1 1975 in organising the local cadres
Para 3 thereof postulates after quoting paragraph 31 of the order referred to hereinbefore thus A local cadre is a cadre comprising the posts belonging to a category in a Department and located within a specified part of the State
The concept of the local cadre is thus related to the concept of the unit of appointment under the service rules the part of the State for which a local cadre is organised in respect of any category will serve as a unit of appointment etc for that category
The scheme of organ isation of local cadres underthe Presidential Order applies generally to all non gazetted categories other than those 570 specifically exempted under Government of India Notification GSR No 529 E dated 18th October 1975 issued under paragraph 38 of the Order as also to the specified gazet ted categories ie the gazetted categories listed in the Third Schedule to the Order and those that may be notified in pursuance of paragraph 2ij of the Order by the Cen tral Government
Instruction 4a says that the lower division clerks or equivalent categories or lower than that were designated as a District Cadre
Posts belonging to other non gazetted categories were designated as zonal cadre and specified gazetted cadres were also designated as zonal cadres
In struction7 provides thus More than one Local Cadre permissible within Local Area It should be borne in mind that where the State Government is required to organise a local cadre for any part of the State there is no objection to organising or continuing more than one local cadre for such part of the State vide paragraph 37 of the order
There is therefore no objec tion to having more than one cadre in Revenue District in respect of a post belonging to the category of Lower Divi sion Clerk Junior Assistant or below or to having more than one cadre in a zone in respect of a higher category emphasis supplied Instruction 9e provides re adjustment of territorial jurisdiction thus In several departments the unit of appointment in respect of non gazetted categories is linked to the territorial jurisdiction of an authority or officer subordinate to the Head of Department
For instance the unit of appointment of Upper Division Clerks Senior Assistants in the Commercial Taxes Department is the division in charge of Dy
Commis sioner
In the case of such departments if it becomes neces sary to alter the units of appointment in order to bring them into conformity with the Presidential Order a corre sponding adjustment in the territorial jurisdiction of the departmental authority may also become necessary and will have to be made   571 6
Thus it is seen that pursuant to the power given under cls
1  2 of article 371 D the President had issued the order organising local cadres and zone V consists of Adilabad Warangal Karimnagar and Khammam revenue dis tricts
It is the local area for the local cadres
The post of the Junior Assistant is the district cadre post and the post of Senior Assistant and Assistant Commercial Taxes Officers etc
are the zonal posts
The State Government is empowered under the Presidential Order to organise the local cadres within a period of twelve months from October 20 1975
In pursuance thereof the State Government in Commer cial Taxes Department issued order GOMs
No 581 dated May 24 1976 organising zones for the purpose of Commercial Taxes Department namely Visakhapatnam Kakinada Krishna Guntur Triputhi Karnool Warangal Hyderabad 1 and Hydera bad II
Warangal zone consists of revenue districts of Adilabad Karimnagar Warangal and Khammam
Thus the Warangal zone of Commercial Taxes Department for the purpose of recruitment seniority promotion transfer etc
of local cadres is co terminus with the zone V of the Presiden tial Order
The Junior Assistant in each revenue district in Warangal zone is a separate district post but for the purpose of promotion to the post of Senior Assistants and Assistant Commercial Taxes Officers which are zonal posts common seniority of the Junior Assistants Senior Assistants working in all the four revenue districts shall have to be maintained and promotions made in accordance with Ministeri al Service Rules or the Commercial Taxes Subordinate Service Rules issued under proviso to article 309 of the Constitution as the case may be
It would be subject to rule of reserva tion for local candidates as adumbrated in para 8 of the Order and the general rule of reservation made in Rule 22 in Andhra Pradesh State and Subrodinate Service Rules
It would appear from the record that the Government intended to reorganise for the purpose of efficient admin istration of the Commercial Taxes Department and create separate divisions within the zones and issued through GOMs
No 1900 dated December 22 1981 carving out Adila bad and Karimnagar as Adilabad division and Warangal and Khammam as Warangal division with the administrative control of the concerned Dy
Commissioner of Commercial Taxes at Adilabad and Warangal
As a follow up action options have been called for from the employees and they have been allot ted in GOMs
No 1648 dated November 22 1982 to the respective divisions
It is not disputed that the allotment and transfer were not made in terms of Para 4 of the Order
As stated earlier this action had given rise to the above Representation Petitions and the orders passed by the Tribu nal and the results ensued thereunder
572 8
Dr LM Singhvi the learned Senior Counsel for the appellants contends that paragraph 37 of the Order empow ers the State Government to create a zone within the Waran gal zone for the purpose of recruitment seniority and promotion
The State Government has inherent power in that regard
There is no express prohibition in that regard in the order
The phrase or constituted otherwise  engrafted in the definition of local cadre in paragraph 2e read with paragraph 37 gives ample power to the State Government to organise any local cadre within the zone for the Commercial Taxes Department
The action thus taken by the State Gov ernment is clearly within its power
The contra finding recorded by the Tribunal is illegal
He placed strong reli ance on a decision of a single member Tribunal made in RP No 101 of 1982 and batch dated April 1 1982
He further contended that in maintaining harmony in Centre State rela tionship the State Government shall continue to have its inherent power to organise its local cadre to meet the exigencies of its administrative needs
The prior approval or concurrence of the Central Government is redundant
We find no force in these contentions
It is already seen that in exercise of the power under paragraph 31 of the Order the State Government shall within a period of twelve months from the date of the commencement of the Order organise class or classes of posts in the civil services of and class or classes of civil posts under the State into dif ferent local cadres for different parts of the State in the manner therein provided
It is already seen that through GOMs
No 581 the State Government in fact had organised the Commercial Taxes Departments by constituting different local cadres and Warangal zone comprised of the four revenue districts namely Adilabad Karimnagar Khammam and Waran gal was declared as local area for local cadres of the Department
Having done so the question emerged whether the State Government has further power to reorganise the local cadre within the zone
In our considered view we have no hesitation to hold that once the State Government has orga nised the class or classes of posts in the civil services of and class or classes of civil posts under the State as local cadres it ceases to have any power to bifurcate or reorganise a zone within a zone cadre or cadres therein
In exercise of the power under proviso to paragraph 31 it is for the President notwithstanding the expiry of the period of twelve months prescribed in sub paragraph 1 of para graph 3 by an order require the State Government whenever he considers it expedient so to do to have the power under paragraph 31 exercised
Thereby it is clear that the State Government shall have to place necessary material before the President the President shall consider that it is expedient to organise any class or classes of 573 posts in the civil services of and class or classes of civil posts under the State into a further local cadre within the local cadre in the zone already prescribed and to pass an order in that regard requiring the State Government to so organise it
It is made clear that for the purpose of effi cient administration or convenience the State Government may create divisiondivisions within the local area or local cadre
But for the purpose of recruitment seniority promo tion discharge etc
the local cadre once organised under para 31 shall be final and continue to be operative until action is taken under proviso to subparagraph 1 of para graph 3 of the Order
When we enquired the learned counsel for the State Shri Madhava Reddy candidly conceded that no order of the President as provided under the proviso was made
Therefore the action taken by the State Government in issuing GOMs
No 1648 dated November 20 1982 is clearly illegal and invalid contravening the proviso to sub para graph 1 of paragraph 3 undoubtedly it contravened para 4 of the Order
It is seen that the order was made pursuant to the power given to the President under article 371 D which is a special provision made under the Constitution Thirty second Amendment Act 1973 peculiar to the State of Andhra Pradesh due to historical background
Therefore the State Govern ment have no inherent power in creating a zone or organising local cadre within the zones except in accordance with the provisions made in the Andhra Pradesh Public Employment Organisation of Local Cadres and Regulation for Direct Recruitment Order
It is true that the clause or consti tuted otherwise  defined in paragraph 2e is of wide im port but is only relatable to the power given by the Presi dent to the State Government to organise local cadre
Para graph 31 is the source of that power but the exercise thereof is hedged with a limitation of twelve months from the date of the commencement of the Order
Therefore the power to organise class or classes of posts of civil serv ices of and class or classes of civil posts under the State into different local cadres should be exercised by the State Government in accordance with para 31 before the expiry of the twelve months from October 20 1975
If the exercise of the power is not circumscribed within limitation certainly under General Clauses Act the power could be exercised from time to time in organising local cadres to meet the administrative exigencies
The prescrip tion of limitation is a fetter put on the exercise of power by the State Government
Obviously realising this reality and the need to organise local cadres subsequent thereto the amendment was made and was published in GOMs
No 34 GA dated January 24 1981 introducing proviso to Paragraph 31
Thereunder notwithstanding the expiry of the said period the President alone has been given power 574 to organise local cadres in respect of class or classes of posts in civil services of and class or classes of civil posts under the State
That too subject to the conditions precedent laid therein
Thus it is the President and the President alone has been given power under proviso by an order to require the State Government to organise the local cadres in relation to any class or classes of posts in the civil services of and class or classes of civil posts under the State into different local cadres
It could be consid ered in yet another perspective
Para 2e indicates that President himself may create a local cadre instead of re quiring the State Government to organise local cadre
For instance Para 36 empowered the President to create local cadre for the city of Hyderabad
Similarly under proviso to para 31 the President may require the State Government to create a local cadre within a zone
So the phrase or con stituted otherwise  cannot be understood dehorse the scheme of the Presidential order
No doubt in common parlence the word otherwise  is of wide  amplitude
This Court in Kochuni vs States of Madras  Kerala   Subba Rao J as he then was speaking per majority in paragraph 50 while construing the word otherwise  held that it must be confined to things analogous to right or contract such as lost grant immemorial user etc
The Word other wise  in the context only means whatever may be the origin of the receipt of maintenance
The ratio thereunder cannot be extended in the contextual circumstances obtainable on the facts in this case
Similarly in Lilavati Bai vs The State of Bombay  at 735 Sinha J as he then was speaking for the Constitution Bench interpreting Expla nation a to section 6 of Bombay Land Requisition Act 1948 as amended in 1950 and repelling the application of ejusdem generis doctrine laid the law thus The legislature has been cautious and thorough going enough to bar all avenues of escape by using the words or other wise 
These words are not words of limitation but of exten sion so as to cover all possible ways in which a vacancy may occur
Generally speaking a tenancy is terminated by acts of parties or by operation of law or by eviction by the land lord or by assignment or transfer of the tenant s interest
But the legislature when it used the words or otherwise  apparently intended to cover other cases which may not come within the meaning of the preceding clauses for example a case where the tenant s occupation has ceased as a result of trespass by a third party
The legislature in our opinion intended to cover all possible cases of vacancy occurring due to any reasons whatsoever
 575 Thus contextual interpretation to the word or otherwise  was given by this Court
Therefore the phrase constituted otherwise  is to be understood in that context and purpose which article 371 D and the Presidential Order seek to achieve
If the interpretation given by the appellants is given acceptance it amounts to giving blanket power to the State Government to create local cadres at its will tending to defeat the object of article 37 I D and the Presidential Order
Accordingly we have no hesitation to reject the interpreta tion of wider connotation
The ratio in these decisions does not render any assistance to the appellants
Similarly the power given to the State Government in subparagraph 7 of paragraph 3 of the Order is only to organise a separate cadre in respect of any category of posts in any department when more than one cadre in respect of such category exists in each department so that State Government may organise one cadre when more than one cadre in respect of different categories of posts exist in a zone under para 31 of the Order
It is clear when we see the language in para 37 which says that nothing in this order shall be deemed to prevent the State from organising
Take for instance while creating local cadre co terminus with the administrative control of the Dy
Commissioner Commercial Taxes local cadre for Senior Assistants may be created
It is also made manifest by Instruction No 7 and 9e of the instructions contained in GOMs
No 728 GAD dated November 1 1975
But as stated earlier it is only for the purpose of administrative convenience not for the purpose of recruitment seniority or promotion etc as the case may be
Thus we have no hesitation to hold that the creation of a division and maintaining separate seniority of Junior Assistants and Senior Assistants for Adilabad and Warangal Divisions are illegal contrary to order issued in GOMs
No 581 and the Andhra Pradesh Employment Organisa tion of Local Cadre and Regulation of Direct Recruitment Order 1975
The single member of the Tribunal in RP No 10182 dated April 1 1982 did not consider the effect of the order in proper perspective and is illegal
Accordingly the impugned order of the Administra tive Tribunal is not vitiated by any manifest error of law warranting interference
The appeal is accordingly dismissed but without costs
PS S Appeal dismissed


Summary:
A Writ Petition was filed in this Court praying for a direction tothe respondents to hold pre medical and pre dental examination in Hindi and other regional languages
It was contended that pre medical studies in medical and dental examination should be permitted in Hindi and other regional languages and not in English alone that admission should not be refused andor examinations should not be held in English alone if the examinees or the entrants sought to appear in Hindi or other regional languages and that by not holding the examinations in Hindi or other regional lan guages there was a breach of Article 292
Dismissing the writ petition as withdrawn the Court HELD 11 The jurisdiction conferred on the Supreme Court under Article 32 is an important and integral part of the Indian Constitution but violation of a fundamental right is the sine qua non for seeking enforcement of those rights by the Supreme Court
591D E 12 Not holding entrance examination in any particular language be it Hindi or regional language cannot amount to denial of admission on the ground of language
Every educa tional institution has right to determine or set out its method of education and conditions of examination and stud ies provided these do not directly or indirectly have any casual connection with violation of the fundamental rights guaranteed by the Constitution
It may be that Hindi or other regional languages are more appropriate medium of imparting education to very many and 589 it may be appropriate and proper to hold the examinations entrance or otherwise in any particular regional or Hindi Language or it may be that Hindi or other regional language because of development of the language is not yet appropri ate medium to transmute or test the knowledge or capacity that could be had in medical and dental disciplines
It is a matter of formulation of policy by the State or educational authorities in charge of any particular situation
591 E G 13 Where the existence of a fundamental right has to be established by acceptance of a particular policy or a course of action for which there is no legal compulsion or statuto ry imperative and on which there are divergent views the same cannot be sought to be enforced by Article 32 of the Constitution
Article 32 of the Constitution cannot be a means to indicate policy preference
592B C 14 The actions following from non acceptance of any policy perspective cannot amount to direct and casual viola tion of the fundamental right of the citizens guaranteed under the Constitution of India
Court is not the forum to adjudicate upon the questions of policy unless such a policy is the direct mandate of the COnstitution
592D