Civil Appeal Nos
3285 3284 3286  3287 89182 From the Judgment dated 1721982 of the High Court of Judicature for Rajasthan Jaipur Bench Jaipur in DR Special Appeal Nos
19281 19181 19681 19481 19381 19581 respectively
Dr YS Chitale Sobhagmal Jain and SK Jain for the Appellants
GL Sanghi RK Garg Manoj Swarup Ms Lalita Kohli BD Sharma and Aruneshwar Gupta for the Respondents
The Judgment of the Court was delivered by 248 SABYASACHI MUKHARJI J
These appeals by special leave arise out of the judgment of the Division Bench of the Rajasthan High Court
The appeals are by the original petitioners before the learned single judge of the Rajasthan High Court and who having succeeded before the learned single judge became respondents in the appeals filed by the University before the Division Bench
The appellants in these appeals and other connected appeals were temporary lecturers and teachers on various subjects
They were appointed temporary lecturers by the Vice Chancellor by virtue of section 20A of the University of Rajasthan Act 1946
Section 4 of the Rajasthan Universities Teachers and Officers Special Conditions of Service Act 1974 hereinafter referred to as 1974 University Act provides for regular selection by Selection Committees
Section 3 of the 1974 Act provides that no stop gap or part time arrangement can be made for more than six months
The temporary appointments of lecturers by the Vice Chancellor cannot be made for more than one academic year
Further sub section 1 of section 3 of the said Act provides that notwithstanding anything contained in the relevant law as from the commencement of the said Act no teacher or officer in any University in Rajasthan should be appointed except on the recommendation of the Selection Committee constituted under section 4
Section 4 of the Act provided for the constitution of the Selection Committee for selection of lecturers and officers in the University and dealt with certain other aspects and section 5 provides for the procedure to be followed by the Selection Committee
The other provisions of the said Act are not necessary to be referred to
It appears that for along time indeed since the inception of the University there have not been regular selections and appointments of lecturers in the University and as such the teachers  organisations were pressing for absorption on substantive posts of temporary lecturers who were working for long years
It is not necessary to deal in detail on this position One Shri YK Tiwari filed a writ petition before the Rajasthan High Court
The case was disposed of by a learned single judge of the Rajasthan High Court on 30th August 1978 being Civil Writ Petition No 446 of 1978 Yogendra Kumar Tiwari vs University of Rajasthan and Others
The petitioner in that case was appointed as a lecturer in Law on temporary basis after being selected by the Selection Committee by an earlier order dated 10th of January 1975
The said petitioner had worked upto 19th June 1975 but he was allowed his salary upto 29th May 1975 as his term was not extended there after
He was not allowed any salary for vacation also as he had 249 not completed six months  service on the last day of the session
The petitioner was reappointed as a lecturer on a temporary basis by an order dated 13th September 1975
As mentioned hereinbefore there was long standing grievance of the temporary lecturers and therefore the Government of Rajasthan promulgated The Rajasthan Universities Teachers Absorption of Temporary Lecturers Ordinance 1978 which is hereinafter referred to as the Ordinance of 1978
It was the case of the petitioner that he was eligible for screening
It was further contended that the previous Vice Chancellor before handing over charge of his office had passed an order dated 2nd July 1977 condoning the break in service of about 25 temporary lecturers in University belonging to the various departments including the faculty of law Para or clause 3 of the said Ordinance of 1978 had an English version as well as Hindi version
In view of the fact that certain controversy is there it is necessary to set out both these versions
Hindi version written in Roman script reads as follows Samast asthai pradhyapko ke sambandh me jo is roop me 25 June 1975 ko ya usse purve niyukat kiya gaye the aur jo Rajasthan Vishvavidhyalay Adhyapak Asthai Pradhyapko Ka Amelan Adhyadesh 1978 1978 ka Adhyadesh S 5 ke prarambh ke samaya is roop me karye kar raha hein unki apni apni asthai niyukatiyo ki tarikho ko lagoo susangat vidhi ke adhin sambandhit vishvavidhyalaya dwara vihit nuntam ahartaon ko sammilit karte hue patrta ki sharto ki unke dwara purti ke adhyadhin aur sambandhit vibhag me pradhyapko ki adhishthai riktiyon ki uplabhyata ki bhi adhyadhin rehte hue dhara 4 ke anhin gathit anuveekshan samiti ki sifarish per unke amelan aur adhishthai niyukti per sambandhit vishvidhyalay dwara vichar kiya jayega underlined by us English version of the Ordinance reads as follows  All temporary lecturers as were appointed as such on or before the 25th day of June 1975 and are continuing as such at the commencement of the Rajasthan Universities Teachers Absorption of Temporary Lecturers Ordinance 1978 Ordinance No 5 of 1978 shall be considered by the University concerned for their absorption and substantive appointment on the recommendation of the Screening 250 Committee constituted under section 4 subject to their fulfilling the conditions of eligibility including minimum qualifications prescribed by the University concerned under the relevant law as applicable on the respective dates of their temporary appointments and subject also to the avail ability of substantive vacancies of lecturers in the department concerned
 underlined by us The learned single judge in his judgment out of which appeals were taken to the Division Bench and from which appeals arise came to the conclusion that i the judgment in Tiwari s case had become final as no appeal had been preferred therefrom and ii clause 3 of the 1978 Ordinance means that in order to be eligible for screening for absorption a lecturer must be in the appointment of the University any time or for any period before 2561975 and then again she or he must be a temporary teacher on 1261978 even though in between he or she might not have been at all in service
The learned judge found that if Hindi version of clause 3 be given effect to then to be eligible one must have been appointed before 25th June 1975 and must have been in the employment as such at the commencement of the Ordinance In the English version of this Ordinance the words used are and are continuing
 This according to the learned judge was not the correct translation of the Hindi version and according to his reading instead of the words used as and are continuing as such words such as and are continuously in service or have been continuously in service should have been used if continuous employment from prior to 25th June 1975 to the 12th of June 1978 was required
The learned judge came to the conclusion that in the Hindi version of the Ordinance only two conditions were required to be fulfilled for absorption ie appointment before 25th June 1975 and continuing as such at the time of the commencement of this Ordinance i e 12th June 1978
Taking that in view the learned judge made the rule absolute and directed the respondents to appoint the petitioner to his substantive post as the screening had already been done
This decision was not appealed from and it has been contended on behalf of the appellants before us that 106 lecturers who were working temporarily have all become permanent
On 18th of April 1978 the Ordinance was re placed by an Act namely The Rajasthan Universities Teachers Absorption of Temporary Lecturers Act 1979 in which identical 251 language was used
It was contended that interpretation given in Tiwari s case was accepted by the legislature as correct
We shall deal with this contention later
But the fact that there was no appeal preferred by the State from judgment in Tiwari s case might be that the judgment was delivered by the learned single judge on 30th August 1978 and the Ordinance expired on 31st August 1978
On 18th of April 1979 however the Ordinance was replaced by 1979 Act
So far as the present appeals before us are concerned the following questions fall for our consideration 1 whether fixing of the date here namely 2561975 which happens to be the date on which emergency was clamped for considering the lecturers of the University as eligible for screening under section 3 of the Rajasthan Universities Teachers Absorption of temporary Lecturers Act 1979 makes the Act invalid on the ground of differentiation between pre emergency and post emergency appointments in other words whether the date 25th June 1975 when the emergency was clamped on the country had any nexus with the purpose of this Act  2 what is true meaning of the expression used in section 3 of the Act  The short facts are that there were irregular appointments in the Rajasthan University as lecturers for a very long time
In other words lecturers had been temporarily appointed and continued from year to year but there were no rules for their absorption into permanent cadre
Furthermore it is undisputed that the services of the lecturers were terminated from time to time before vacation and they were reappointed so as to deprive them of the continuity of service which would have entitled them to permanent absorption or regularisation of their services
The Rajasthan Universities  Teachers and Officers Special Conditions of Service Act 1974 hereinafter referred to as the 1974 Act had provided elaborate procedure for recruitment of teachers and officers in the universities
But no selections had been made on the basis of that Act and all appointments were made on temporary basis
In 1978 as noted before the Ordinance of 1978 was promulgated with the object to provide for the absorption of temporary 252 lecturers of long standing working in the universities of Rajasthan
According to the University only those who had been appointed before 25th June 1975 and continued to be in service on the date of the coming into operation of the Ordinance ie 12th June 1978 were eligible
As the practice of the University it was alleged was to break the service one Tiwari moved the High Court and the decision of the High Court and the basis of the said decision have been set out hereinbefore The learned single judge in this case on examination of the materials came to the conclusion that the original petitioners the appellants herein had succeeded in establishing the fact that the date of 25th June 19 5 was arbitrarily fixed which had no nexus with the object or the purpose of the said Act
Therefore he made the rules absolute
The learned single judge came to the conclusion that under the said Ordinance and under the said Act the date of 25th June 1975 offended Articles 14 and 16 of the Constitution
The learned single judge had dealt in his judgment with the petition of Dr Rukmani
He has set out the facts in detail It is not necessary to set these out in detail but briefly these are She passed her MA in Hindi in 1969 she did her Ph D in Hindi in 1973 from the University of Rajasthan
On 28th June 1976 she was appointed tutor in Hindi on a temporary basis for a period of three months in the University of Rajasthan
She was permitted to work as tutor on account of various extensions and ultimately she became lecturer
A Selection Committee of the University selected her for lecturer
She was appointed as such with effect from 9th October
Her services were terminated with effect from 5th August 1979 by an order of the Vice Chancellor
The screening done as per order of the High Court in Tiwari s case resulted in absorption of about 106 lecturers who were working temporarily
Orders to this effect were issued on 17th August 1978
Since the present appellants being the petitioners before the High Court were not appointed as lecturers on or before 25th June 1975 they were treated as ineligible for being screened under the provisions of the Ordinance of 1978
It may be mentioned that some of them appeared in the selection subsequently and were found eligible except two of them who have been absorbed as lecturers
The said Ordinance of 1978 as mentioned hereinbefore expired on 31st August 1978 and a Bill was introduced and which after having undergone some amendments became the Act 253 Of 1979 and is known as Rajasthan Universities Teachers Absorption of Temporary Lecturers Act 1979 hereinafter referred to as the Act of 1979
Having received the assent of the Governor on 17th April 1979 it was published in the Rajasthan Gazette on 18th April 1979
The main alteration and amendment was that whereas the entire process of screening of appointment had to be finished by 31st August 1978 the time was thereafter extended till 31st August 1979
Dr Rukmani and others applied in pursuance of the advertisement issued by the University
The Selection Committee held the interviews on 16th and 17th July 1979
She was considered by the Selection Committee
The Selection Committee did not select the said petitioner and she was accordingly rejected by the Selection Committee
Dr Rukmani had challenged the Ordinance of 1978 and the Act of 1979 on the one hand and also the Selection Committee s decision by which she was assessed on the other and the respondents were selected under the Act of 1974
The point that was canvassed mainly on behalf of the petitioners before the learned single judge related to the validity of the Ordinance of 1978 and the Act of 1979 since both the Ordinance as well as the Act had got common feature of making a teacher eligible for consideration by the Screening Committee only if he or she was in the service of the University on or before 25th June
1975 and further that he or she was also in the service of the University on 12th June 1978 the date when the Ordinance became effective by publication in the Gazette
Section 3 of the Act of 1979 reads as follows 3
Substantive appointment of temporary lecturers
All temporary lecturers as were appointed as such on or before the 25th day of June 1975 and were continuing as such at the commencement of the Rajasthan Universities Teachers Absorption of Temporary Lecturers Ordinance 1978Ordinance No 5 of 1978 shall be considered by the University concerned for their absorption and substantive appointment on the recommendation of the Screening Committee constituted under section 4 or section 5 as case may be subject to their fulfilling the condition of eligibility including minimum qualifications prescribed by the University concerned under the relevant law as applicable on the 254 respective dates of their temporary appointments and subject also to the availability of substantive vacancies of lecturers in the department concerned
 Sections 5 and 6 were as follows 5 Re Screening1 Notwithstanding any thing contained in section 7 or any other provision of the Rajasthan Universities Teachers Absorption of Temporary Lecturers Ordinance 1978 Ordinance No 5 of 1978 the services of temporary lecturer who was considered for substantive appointment by a Screening Committee but was not found suitable shall be deemed not have terminated and he shall continue to be a temporary lecturer till he is again considered for substantive appointment under section 3 after his rescreening under sub section 2 of this section
2 A temporary lecturer who was considered for substantive appointment by the Screening Committee referred to in section 4 but was not found suitable shall be again considered by the Screening Committee reconstituted in the same manner as is provided in that section
Appointment to be under the Act No 18 of 1974
The lectures appointed to the substantive posts in pursuance of the provisions of the Rajasthan Universities Teachers Absorption of Temporary Lectures Ordinance 1978 Ordinance No 5 of 1978 or of this Act shall be deemed to have been appointed under the provisions of the Rajasthan Universities Teachers and Officers Special Conditions of Service Act 1974 Act No 18 of 1974
 Section 8 provides for the termination of the services of the temporary lecturers not substantively appointed and stated that the services of a temporary lecturer who was considered for substantive appointment under sections 3 4 and 5 but was not substantively appointed on or before the 31st day of August 1979 would stand terminated on the expiry of that day
The learned single judge was of the view that the Act had application to all the temporary lecturers who were working in the various universities in Rajasthan on the relevant dates and unless 255 they were selected by the screening committee under the said Act their services were to be terminated by 31st August 1978
The object of the Act according to the learned judge was to regularise the services of those who were found suitable after screening and to fulfil the conditions of section 3 and then terminate the services of all other temporary teachers on expiry of 31st August 1978
The main controversy raised before the learned single judge of the High Court related to the fixation of the two dates namely 25th June 1975 and secondly the date of the commencement of the Ordinance namely 12th June
But what was pressed was about the validity of the date fixed as 25th June 1975 as the date on or before which the teacher should have been functioning as a teacher in a particular University
Was this date arbitrary  It is stated by the learned judge that the court enquired from the Advocate General who appeared on behalf of the State and from the learned counsel of the Rajasthan University as to what had prompted the fixing of the date as 25th June 1975
It may be mentioned as it is well known that 25th June 1975 was the date on which last emergency was introduced in the country
The learned Advocate General had submitted before the learned single judge that it was at the instance of the Rajasthan University and the Vice Chancellor that The date was so selected
The standing counsel the learned judge recorded took the stand that so far as the University was concerned it had never suggested the above date and he had got no reason to justify the fixing of that date
The learned judge summoned the secretariat file
It was revealed that the date was fixed precisely on account of the suggestion of the Vice Chancellor of the Rajasthan University
The learned judge extracted from a portion of a letter dated 30th January 1978 from the file of the University which reads as follows It is proposed that all the temporary lecturers appointed on or before 256
1975 be screened by a Screening Committee appointed by the University concerned and on the recommendation of screening committee they be absorbed subject of course to the availability of the vacancies in the department and the candidate fulfilling the prescribed qualifications
25th day of June 1975 has been suggested 256 as crucial date taking into account the fact that we could take care of all appointments made before the national emergency which was clamped with effect from 2561975
 The two drafts of the Ordinance which were sent with the letter also contained the alteration in the date which had been changed from 1st day of September 1973 to 25th June 1975
This was also noted by the learned single judge
It was submitted before the learned single judge that certain representations were made by the University teachers and their associations to change the date from 1973 to 1975 and to substantiate that allegation the above file was placed before the Court
However the recommendations contained in the file according to the learned Single judge nowhere contained 25th June 1975 as the date of the Ordinance
In their representations there was a demand that the earlier Government decision to fix the date of eligibility as 1st of September 1973 should be altered to a date so as to cover cases of all other lecturers who had been appointed later on also
It is evident therefore in view OF the history of appointment of temporary lecturers that the intention was to regularise the appointments taking into consideration certain tenure of experience or office into consideration It was initially suggested that 1973 should be taken as the date to begin with ie who should be on the roll of lecturers on that date in 1973 but due to representations on behalf of the associations of teachers so as to include subsequent appointees it was changed
Why this particular date was chosen there is no specific answer but there is a letter from the Vice Chancellor which indicated that such date should be taken because 25th June 1975 was the date of emergency that date should be taken as he said  we should take care of all appointments before the national emergency
In order to appreciate the problem of regularisation the learned single judge noted that the University of Rajasthan had been adopting a practice of appointing temporary lecturers for a fixed period and after a gap to reappoint
It had created a controversy and several teachers were found ineligible on account of this break in service and this had led to the earlier writ petition which we have mentioned hereinbefore
The earlier writ petition Tiwari s had interpreted clause 3 now section 3 of the Act to mean that continuity of service between 2561975 to 1261978 was not necessary and all that was required was that one must be in service on or before 2561975 and then 257 again on 12 61978 This is a point on which we would have to express our opinion as to whether the learned single judge was correct in his interpretation
On the basis of the interpretation of section 3 of the Act as made by Tiwari s case supra by which the learned single judge felt himself bound and with which the learned single judge agreed he accordingly made the rule absolute The learned single judge was of the opinion that a clear differentiation had been made between pre emergency and post emergency appointees of teachers and there was no basis or nexus for such differentiation with the object of the Act and such differentiation amounted to discrimination and violated Articles 14 and 16 of the Constitution
The learned single  judge also struck down the consequential part of section 6 and 7 of the Act as mentioned hereinbefore
The universities of Rajasthan preferred appeals against the judgment and order of the learned single judge
The State Government did not
The Division Bench was unable to accept the interpretation of section 3 of the Act as made by the learned single judge and was of the opinion that what was required was continuous employment from prior to 25th June 1975 to 12th June 1978 to be eligible for screening for absorption and the Division Bench was of the view that 25th June 1975 was chosen such as any other date and there was no differentiation between pre emergency and post emergency appointees for absorption as lecturers
The Division Bench therefore set aside the decision of the learned single judge
Being aggrieved by the said decision the original petitioners have preferred these appeals by special leave to this Court
As mentioned hereinbefore two points require consideration by us i what is the true meaning of section 3 of the Act of 1979 and ii whether by choice of the date of 25th June 1975 an invidious distinction has been made between pre emergency appointees and post emergency appointees which has no nexus with the purpose of the Act and as such the Act is violative of Articles 14 and 16 of the Constitution
As mentioned hereinbefore the learned single judge of the Rajasthan High Court in these appeals had relied heavily on the interpretation made in Y K Tiwari s case supra of clause 3 of 1978 Ordinance
Before us also in these appeals this was reiterated
258 It was contended that that was the only possible construction of clause 3 of 1978 Ordinance and necessarily of section 3 of 1979 Act
We shall presently deal with this contention
It was further contended that this clause 3 of 1978 Ordinance having received judicial interpretation and when the legislature enacted the 1979 Act the legislature had before it this interpretation and when a particular form of legislative enactment had received authoritative interpretation whether by judicial decision or by a long course of practice is again adopted in framing of a later statute it is sound rule of construction to hold that the words so adopted were intended by the legislature to bear the meaning which had been so put upon them
See Craies on Statute Law Seventh Edition p 139
This argument however cannot in this case be accepted
As we have noted before the fact that there was no appeal perferred from the learned single judge s decision in YK Tiwari s case is of not much significance in the facts and circumstances of this case because the Ordinance which was the subject matter of interpretation by the judgment expired within two days of the delivery of the judgment and perhaps on this ground it was not thought necessary to pursue this matter
Secondly the new Act came very soon thereafter within a period of about six months
Therefore it could not be said that there was any long practice or of any judicial interpretation of long standing Indeed this aforesaid rule of interpretation which we have noted hereinbefore should be used in a careful manner It was observed by Lord Scarman in the case of R vs Chard 1984 AC p 295 that the theory which has been noted hereinbefore was not a canon of construction of absolute obligation but only a presumption in the circumstances to be taken in judicial interpretation
This proposition according to Lord Scarman is well settled
In the aforesaid view of the matter we are of the opinion that the interpretation of clause 3 of the Ordinance of 1978 in Tiwari s case could not in the facts and circumstances be treated to be such an authoritative pronouncement which will bind the courts in subsequent decisions in the interpretation of an Act which was passed soon thereafter if on a proper construction of the subsequent enactment it appears that the expression had not been correctly interpreted
We have noted the Hindi version of clause 3 as well as the English version
The English version presents no difficulty namely those who are appointed before 2561975 and are continuing on the date when the Ordinance came into effect ie 1261978
259 So therefore were continuing as such   in the Act must mean that to be eligible for absorption these temporary lecturers should have been in continuous employment from a date prior to 2561975 to the date of the commencement of the Ordinance of 1978 ie 1261978
The object of this legislation was to provide for absorption of temporary lecturers of long standing
So therefore experience and continuous employment were necessary ingredients
The Hindi version of the Ordinance used the expression ke pratambh ke samaya is roop me karya kar rahe hein is capable of meaning and are continuing to work as such at the time of the commencement of the Ordinance
Keeping the background of the purpose of the Act in view that would be the proper construction and if that is the proper construction which is in consonance with the English version of the Ordinance and the Act as well as with the object of the Act then in our opinion the Act and the Ordinance should be construed to mean that only those would be eligible for screening who were appointed prior to 2561975 and were continuing at the time of the commencement of the Ordinance i e 1261978 ie approximately about three years
If that is the correct reading then we are unable to accept the criticism that those who were for a short period appointed prior to 2561975 then again with interruption were working only at the time of the commencement of the Ordinance ie 1261978 would also be eligible
In other words people with very short experience would be eligible for absorption
That cannot be the purpose of the Act
It cannot be so read reasonably
Therefore on a proper construction it means that all temporary lecturers who were appointed as such on or before 2561975 and were continuing as such at the commencement of the Ordinance shall be considered by the University for screening for absorption
The expression were continuing is significant
This is in consonance with the object of the Act to ensure continuity of experience and service as one of the factors for regularising the appointment of the temporary lecturers
For regularising the appointment of temporary lecturers certain continuous experience is necessary
If a legislature considers a particular period of experience to be necessary the wisdom of such a decision is not subject to judicial review
Keeping the aforesaid reasonable meaning of clause 3 of the Ordinance and section 3 of the Act in view we are of the opinion that the criterion fixed for screening for absorption was not an irrational criterion not having any nexus with the purpose of the Act Therefore the criticism that 260 a teacher who was working even for two or three months only before 2561975 and then with long interruptions was in employment of the University at the time of the commencement of the Ordinance would be eligible but a teacher who had worked continuously from 2661975 ie after the date fixed ie 25th June 1975 for three years would be ineligible and as such that will be discrimination against long experience cannot be accepted
Such a construction would be an unreasonable construction unwarranted by the language used in the provisions concerned
It is well settled that if a particular period of experience is fixed for screening or tor absorption it is within the wisdom of the legislature and what period should be sufficient for a particular job or a particular employment is not subject to judicial review
We need not refer to a large number of decisions on this point
Another contention was urged before us that if it was held that the proper interpretation of section 3 of the Act of 1979 is that in order to be eligible for screening for absorption one should be appointed before the 25th June 1975 and continued to be a teacher on the day of the coming into operation of the Ordinance ie 1261978 ie continuously for a period of about three years then the Act cannot apply to anyone
It was submitted that in Rajasthan universities there was the practice to keep temporary teachers with breaks and nobody could continuously hold the post for a continuous period of three years indeed not more than six months
It was urged that the practice prevalent in the universities was to break the service of the temporary lecturers and not to allow them continuously to work
The proper interpretation would be that these breaks ie a break for a month or so during vacation should be considered as functional gaps  and temporary teachers who had functional gaps but were in fact in continuous service should be treated for all practical purposes to be in continuous service
It was submitted on behalf of the universities as well as the State Government before us that the universities as well as the State Government had always taken the stand that continuous service was covered by the Act and continuous service included those temporary teachers who had functional gaps  but were in fact in continuous service
Looked at from that point of view there was no question of the Act not being of any use
It was further submitted that none of the respondents who had been absorbed had that qualification If that is so the appointments may be bad and these facts may be looked into if appropriate 261 applications are made by the appellants and others
Improper application of law in certain cases does not make the law b ad per se
Useless law similarly is not always arbitrary law
Next comes the question whether the choice of 25th June 1975 as the date prior to which temporary teachers must have been in employment to be eligible for screening is bad as such
If 25th June 1975 was taken in order to differentiate between pre emergency and post emergency appointees for consideration for absorption then there cannot be any doubt that such a differentiation would amount to an arbitrary discrimination
Because the fact whether one was a pre emergency appointee and another a post emergency appointee was wholly irrelevant to the object of the Act and the Ordinance ie absorption of temporary lecturers of long standing working in the university
Therefore to the question of absorption of temporary lecturers of long standing imposition of emergency in the country and appointment prior or subsequent thereto is wholly irrelevant and has no nexus
Differentiation on a ground which is irrelevant amounts to discrimination
This is well settled by numerous decisions of this Court
It is not necessary to refer to these decisions
It is sufficient if we mention the decision of this Court In Re The Special Courts Bill
19781 where at page 534 the learned Chief Justice inter alia laid down the following principles to judge validity under Article 14 of the Constitution 1
The first part of article 14 which was adopted from the Irish Constitution is a declaration of equality of the civil rights of all persons within the territories of India
It enshrines a basic principle of republicanism
The second part which is a corollary of the first and is based on the last clause of the first section of the Fourteenth Amendment of the American Constitution enjoins that equal protection shall be secured to all such persons in the enjoyment of their rights and liberties without discrimination of favouritism
It is a pledge of the protection of equal laws that is laws that operate alike on all persons under like circumstances
The State in the exercise of its governmental power has of necessity to make laws operating differently on 1 262 different groups or classes of persons within its territory to attain particular ends in giving effect to its policies and it must possess for that purpose large powers of distinguishing and classifying persons or things to be subjected to such laws
The Constitutional command to the State to afford equal protection of its laws sets a goal not attainable by the invention and application of a precise formula
There fore classification need not be constituted by an exact or scientific exclusion or inclusion of persons or things
The Courts should not insist on delusive exactness or apply doctrinaire tests for determining the validity of classification in any given case
Classification is justified if it is not palpably arbitrary
The principle underlying the guarantee of article 14 is not that the same rules of law should be applicable to all persons within the Indian territory or that the same remedies should be made available to them irrespective of differences of circumstances
It only means that all persons similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed
Equal laws would have to be applied to all in the same situation and there should be no discrimination between one person and another if as regards the subject matter of the legislation their position is substantially the same
By the process of classification the State has the power of determining who should be regarded as a class for purposes of legislation and in relation to a law enacted on a particular subject
This power no doubt in some degree is likely to produce some inequality but if a law deals with the liberties of a number of well defined classes it is not open to the charge of denial or equal protection on the ground that it has no application to other persons
Classification thus means segregation classes which have a systematic relation usually found in common properties and characteristics
It postulates a rational basis and does not mean herding together of certain persons and classes arbitrarily
263 6
The law can make and set apart the classes according to the needs and exigencies of the society and as suggested by experience
It can recognise even degree of evil but the classification should never be arbitrary artificial or evasive
The classification must not be arbitrary but must be rational that is to say it must not only be based on some qualities or characteristics which are to be found in all the persons grouped together and not in others who are let out but those qualities or characteristics must have a reasonable relation to the object of the legislation
In order to pass the test two conditions must be fulfilled namely 1 that the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others and
2 that differentia must have a rational relation to the object sought to be achieved by the Act
 In support of the contention that 25th June 1975 was chosen because of the emergency
reliance was placed on certain communications from the Vice Chancellor which have been noticed by the learned single judge
The learned single judge came to the conclusion that was the basis ie to differentiate between pre and post emergency appointees
The Division Bench did not accept this view
We are in agreement with the views of the Division Bench
It appears to us that the primary object of the Ordinance as well as of the Act was to provide for the absorption and regularisation of temporary lecturers of long standing in the universities in Rajasthan
What was intended was that the temporary teachers of long standing should be screened and 25th June 1975 was taken r because it was as convenient a date as any other
While interpreting the provisions of any Act what is necessity is the intention of the legislature and that has to be found out from the language used it is not the view of the Vice Chancellor or of an officer or authority who might or might not have put a note to the Bill
Was there anything to spell out the intention of the legislature in fixing a particular date It Is well settled that speeches of the Members of the House could at best be indicative of the subjective intention or the speaker but would not reflect the inarticulate mental processes 264 lying behind the majority of those who voted which carried the bill to become an Act
The objective must be seen
The objective was to fix some tenure to make temporary teachers eligible for screening for absorption
In this connection reference may be made to the observations of this Court in Gopalan vs State of Madras
1 The same view was also reiterated in the case of 2 State of Travancore Cochin vs Bombay Company Limited and State of West Bengal vs Union of India3 It appears to us that according to the statement of objects and reasons of the Ordinance and bearing in mind the preamble of the Act the main object was to make a specific provision for the selection of teachers and officers in the universities which had not been done for a long time
Temporary appointments against vacant posts had been made by the universities and such posts had been continuing in some cases for ten years
The preamble to the Act of 1979 is a key to unfold the intention of the legislature to make this law
It lays down that the Act was to provide for the absorption of temporary lecturers of long standing working in the universities of Rajasthan
The objects and reasons of the Ordinance of 1978 read as follows An Ordinance to provide for the absorption of temporary lecturers of long standing working in the Universities in Rajasthan
In the Rajasthan Universities Teachers and Officers Special Conditions of Service Act 1974 Rajasthan Act No 18 of 1974 specific provisions have been made for the selection of teachers and officers in the Universities
But for one reason or the other regular selection committees in the Universities should not meet to hold regular selections before and after the commencement of the Act
Therefore temporary appointments against such vacant posts were made by the Universities
Such appointments have been continuing in some cases for the last ten years with a view to solve this long standing problem 1  2  3 1964 1 SCR 371 265 it was considered necessary to regularise the appointments through specially constituted Screening Committees Since the academic session was about to commence and since the Rajasthan Legislative Assembly was not in session and the Governor was satisfied that circumstances existed which rendered it necessary for him to take immediate action he made and promulgated the Rajasthan University Teachers Absorption of Temporary Lecturers Ordinance 1978 on 8th day of June 1978
 If the intention of the legislature in fixing 25th June 1975 in the impugned section of the Act was to make differentiation on the basis of pre emergency and post emergency temporary lecturers then there was no difficulty in agreeing with the view taken by the learned single judge of the Rajasthan High Court and accepting the submissions advanced on behalf of the appellants before us
However as noted before the division Bench of the High Court could not spell out such an intention from any of the provisions of the Ordinance as well as the Act
We respectfully agree
The Court can only search for the objective intent of the legislature primarily in the words used in the enactment aided by such historical material as reports of the statutory committees preamble etc
It was laid down in the case of Stale of West Bengal vs Union of India supra that a statute as passed by the Parliament is the expression of the collective intention of the legislature as a whole
It may be borne in mind that in this case there was no particular point of view in mind of the University
We have noted the objects and reasons of the Ordinance
The problem for the solution of which this Ordinance was passed and this Act was enacted was to regularise the appointments through specially constituted Screening Committees for temporary teachers of long standing
There is a further fact which is important that initially it was proposed to cover the cases of temporary lecturers appointed on or before June 1973 but representation was made by the temporary lecturers that would deprive many subsequent appointees and therefore the benefit was extended to those temporary teachers who were appointed on or before 25 6 1975
It appears that the intention was that those who had continued from a date prior to 1975 upto June 1978 should get the benefit
Such benefit had to be fixed giving a particular period and from the mere 266 fact that 25th June 1975 was fixed which also happens to be the date on which emergency was clamped on the country it cannot be said that emergency was the nexus
A certain tenure of service for the purpose of absorption was the object to be achieved and this has a rational nexus with the object
The prescription of the date from which the period should begin and the date on which it should end were merely incidental to the purpose
Any date perhaps could have served the purpose which took into consideration long tenure
What was intended by the use of the expression appointed on or before 25 6 1975  and must have continued until 12 6 1978 being the date of coming into force of the Ordinance indicated that there should have been near about three years experience for being eligible for absorption
The date was a handy date
Handy in the sense it came quickly in the minds of some people
At least there is no evidence that there was any attempt to separate pre emergency appointees and no decision was taken by any appropriate authority and no such evidence is there to make a distinction between pre emergency and post emergency appointees
Being in the employment at the time of coming into operation of the Ordinance was the pre condition that is 12th June 1978
Naturally some day anterior to that date had to be indicated to ensure long tenure of experience and 25th June 1975 was chosen because it was as good a date as any other
It may be borne in mind that wisdom or lack of wisdom in the action of the Government or legislature is not justiciable by court
See in this connection the observations of the US Supreme Court in the case of Metropolis Theater Company vs City of Chicago and Ernest J Magerstadt1 To find fault with a law is not to demonstrate its invalidity
There the learned judge Mr Justice Mckenna observed as follows It may seem unjust and oppressive yet be free from judicial interference
The problems of government are practical ones and may justify if they do not require rough recommendations illogical it may be and unscientific
But even such criticism should not be hastily expressed
What is best is not always discernible the wisdom of any choice may be disputed or condemned
Mere errors of Government 1 57 Lawyers  Edition 730
267 are not subject to our judicial review
It is only its palpably arbitrary exercises which can be declared void  This passage has been quoted with approval by Chief Justice Chandrachud in Prag Ice  Oil Mills  We must bear in mind that mere errors of Government are not subject to judicial review
What is best is not always discernible
It may be that 25th June 1975 has some odour to some people
It may be that it revised many attitudes but this is wholly irrelevant
Any other date might have been chosen
A particular period was taken to make a person eligible for being screened for absorption and regularisation and if the beginnings date happens to coincide with particular date about which some people have some memories the law would not become bad
It seems that would be taking too sensitive a view of human expressions
Great deal of reliance was placed on a five judges  Bench decision of this Court in the case of DS Nakara and Others vs Union of India1 There it was found that the Central Government servants on retirement from service were entitled to receive pension under the Central Civil Services Pension Rules 1972
Under the earlier pension scheme the pension was related to the average emoluments during 36 months just preceding retirement
On 25th May 1979 the Government of India Ministry of Finance issued Office Memorandum whereby the formula for computation of pension was liberalised but made it applicable to government servants who were in service on or after that specified date
By another Memorandum of the Ministry of Defence dated 28th September 1979 the liberalised pension formula introduced for the government servants governed by the 1972 Rules was extended to the Armed Forces personnel subject to limitations set out in the memorandum with a condition that the new rules of pension would be effective from 1st April 1979 and might be applicable to all service officers who becomebecame non effective or on after that date
The liberalised scheme introduced a slab system for computation of pension raised pension ceiling and provided for average emoluments with reference to last ten months  service
Consequently the pensioners who retired prior to the specified date had to earn pension on the average emolu 1  at 333
2  2 SCR 165
268 ments of 36 months  salary just preceding the date of retirement
Thus they suffered triple jeopardy viz lower average emoluments absence of slab system and lower ceiling and being so aggrieved they filed the writ petitions in this Court contending that the memoranda were in violation of Article 14
Petitioners I and 2 were retired pensioners of the Central Government who had retired prior to the specified date and petitioner 3 was a society registered under the Societies Registration Act 186 formed to ventilate the legitimate public problems and consistent with its objective it was espousing the cause of the petitioners all over the country
This Court held that pension was neither a bounty nor a matter of grace depending upon the sweet will of the employer nor an ex gratia payment
It was a payment for the past service rendered
The most practical raison d etre for pension is the enability to provide for one self due to old age It created a vested right and was governed by the statutory rules such as the Central Civil Services Pension Rules which were enacted in exercise of power conferred by Articles 309 and 1485 of the Constitution
The expression pensioner  was generally understood in contradistinction to the one in service
In that case Article 14 was wholly violated inasmuch as the pension rules being statutory in character the amended rules since the specified date accord differential and discriminatory treatment to equals in the matter of commutation of pension
Pensioners being all
equal no date could be chosen to separate one group getting more benefit than other
If a particular benefit is to be given to all then making a classification between them is discriminatory
Pension was the right of all retired persons
A particular date was chosen by the Government and that date had no nexus with the purpose of the Act ie give relief to them
There are some cases where choice of date has not been questioned
For instance Union of India  Anr
vs Ms Parameswaran Match Works Ltd 1 wherein by notification dated 21st July 1967 benefit to a concessional rate of duty was made available if a manufacturers of matches made a declaration that the total clearance of matches from a factory would not exceed 75 million during a financial year
There the date chosen was 21st July 1967
It was contended before this Court by the Union of India that the 1   269 concessional rate of duty was intended for small bona fide units who were in the field when the notification dated 4th September 1967 was issued
The concessional rate of duty was not intended to benefit the large units which had split up into smaller units to earn the concession
There this Court observed at a page 579 as follows The choice of a date as a basis for classification cannot always be dubbed as arbitrary even if no particular reason is forthcoming for the choice unless it is shown to be capricious or whimsical in the circumstances
When it is seen that a line or a point there must be and there is no mathematical or logical way of fixing it precisely the decision of the legislature or its delegate must be accepted unless we can say that it is very wide of the reasonable mark
 But as we have mentioned hereinbefore Nakara s case supra dealt with the problem of benefit to all pensioners
The choice of the date of 1st April 1979 had no nexus with the purpose and object of the Act
The facts in the instant case are however different
For the regularisation of teachers experience was the object to be found out
Certain period of experience was necessary for the basis for making the regularisation
The period of experience would be how much and the date of experience should begin from what time are within the legislative wisdom and there is nothing in this case to indicate that the starting point ie to be in service on or before 2561975 was an arbitrary choice
Reliance in this connection may also be placed on the case of State of Mysore  Anr
vs SV Narayanappa1 For the purpose Of the instant case it is not necessary to set out in detail all the facts of that case
The facts of that decision have a ring of familiarity with the facts of the present case
There also choosing a particular date did not make the Act bad for the purpose of regularisation of the appointments in the Mysore Government
Various submissions and some other decisions were placed before us in aid of rival submissions
In the view we have taken as indicated hereinbefore it is not necessary to refer to these
1 1967 1 SCR 128 270 For the reasons aforesaid we are of the opinion that the learned judges of the Division Bench of the Rajasthan High Court were right
The appeals therefore fail and are dismissed
There will be no order as to costs in the facts and circumstances of the case
We are told that except two all other appellants have already been absorbed
It has also to be borne in mind that in considering whether lecturers are eligible or not those who are functioning since prior to 2561975 until 1261978 functional gaps as we have indicated hereinbefore should be ignored and if possible some arrangements be made where after appropriate screening or selection as the case may be those who have been functioning as temporary teachers for long period might be absorbed including the appellants subject to the rules of the University


Summary:
The Rajasthan Universities Teachers and Officers Special Conditions of Service Act 1974 provided for an elaborate procedure for recruitment of teachers and officers in the universities but no selection had been made on the basis of that Act and all appointments were made on a temporary basis
Section 3 of the Act provided that no stop gap or part time arrangement can be made for more than six months
The temporary appointments of lecturers by the Vice Chancellor could not be made for more than one academic year
It further provided that notwithstanding anything contained in any other law no teacher or officer in any University in Rajasthan should be appointed except on the recommendation of the Selection Committee constituted under section 4
For a long time since the inception of the University there had been no regular selections and appointments of lecturers in the University and the teachers  organisations were pressing for absorption on substantive posts of temporary lecturers who were working for long years
The Government of Rajasthan therefore promulgated the Rajasthan Universities Teachers Absorption of Temporary Lecturers Ordinance 1978
Clause 3 of the said Ordinance had an English version as well as a Hindi version
Hindi version in Roman script read as follows Samast asthai pradhyapko ke sambandh me jo is roop me 25 June 1975 ko ya usse purve niyukat kiye gaye the aur jo Rajasthan Vishvavidhyalay Adhyapak Asthai Pradhyapki Ka Amelan 244 Adhyadesh 1978 1978 ka Adhyadesh section 5 ke prarambh ke samaya is roop me karya kar rahe hein unki apni apni 
The English version of the Ordinance reads as follows All temporary lecturers as were appointed as such on or before the 25th day of June 1975 and are continuing as such at the commencement of the Rajasthan Universities Teachers Absorption of Temporary Lecturers Ordinance 1978 Ordinance No 5 of 1978
 On 18th April 1978 the Ordinance was replaced by an Act namely the Rajasthan Universities Teachers Absorption of Temporary Lecturers Act 1979 in which identical language was used
The appellants in the appeals who were temporary lecturers and teachers were appointed temporarily by the Vice Chancellor by virtue of section 20A of the Universities of Rajasthan Act 1946
It was the contention of the appellants in their writ petitions that lecturers had been temporarily appointed and continued from time to time but there were no rules for their absorption into permanent cadre
The services of the lecturers were terminated from time to time before vacation and they were reappointed so as to deprive them of the continuity of service which would have entitled them to Permanent absorption or regularisation of their service
The Single Judge allowed the writ petitions holding that 1 the judgment in Yogendra Kumar Tiwari vs University of Rajasthan and Others had become final as no appeals bad been preferred therefrom and 2 clause 3 of the 1978 Ordinance means that in order to be eligible for screening for absorption a lecturer must be in the appointment of the University any time or for any period before 25 6 1975 and must be a temporary teacher on 12 6 1978 even though in between he or she might not have been at all in service
The Single Judge followed the interpretation of Section 3 as made in Tiwari s case and was of the opinion that a clear differentiation had been made between pre emergency and post emergency appointees of teachers and there was no basis or nexus for such differentiation with the object of the Act and such differentiation amounted to discrimination and violated Articles 14 and 16 of the Constitution
The Single Judge struck down the consequential part of Sections 6 and 7 of the Act
The Universities of Rajasthan preferred appeals against the aforesaid judgment
The State Government did not
The Division Bench was of the opinion that what was required was continuous employment from prior to 25th June 1975 to 12th June 1978 to be eligible for screening for absorption and that 25th June 1975 was chosen such as any other date and there was no differentiation between pre emergency and post emergency appointees for absorption as lecturers
The Division Bench set aside the decision of the Single Judge
245 In the Appeals to this Court on the question i what is the true meaning of Section 3 of the Act of 1979 and ii whether by choice of the date of 25th June 1975 an invidious distinction has been made between pre emergency and post emergency appointees which has no nexus with the purpose of the Act and as such that Act is violative of Articles 14 and 16 of the Constitution
Dismissing the Appeals  HELD 1
The object of the Rajasthan Universities Teachers Absorption of Temporary Lecturers Ordinance 1978 which was replaced by the Rajasthan Universities Teachers Absorption of Temporary Lecturers Act 1979 was to provide for absorption of temporary lecturers of long standing
So therefore experience and continuous employment were necessary ingredients
The Hindi version of the Ordinance used the expression  Ke prarambh ke samaya is roop me karya kar rahe hein is capable of meaning and are continuing to work as such at the time of the commencement of the Ordinance Keeping the background of the purpose of the Act in view that would be the proper construction and if that is the proper construction which is in consonance with the English version of the Ordinance and the Act as well as with the object of the Act then the Act and the Ordinance should be construed to mean that only those would be eligible for screening who were appointed prior to 2561975 and were continuing at the time of the commencement of the Ordinance ie 1261978 ie approximately about three years
259B D 2
The English version of clause 3 presents no difficulty
Those who are appointed before 2561975 and are continuing on the date when the Ordinance came into effect ie 1261978
So therefore were continuing as such  in the Act must mean that to be eligible for absorption these temporary lecturers should have been in continuous employment from a date prior to 2561975 to the date of the commencement of the Ordinance of 1978 ie 1261978
258H 259A 3
The interpretation of clause 3 of the Ordinance of 1978 in Tiwari s case could not in the facts and circumstances be treated to be such an authoritative pronouncement which will bind the courts in subsequent decisions in the interpretation of an Act which was passed soon thereafter if on a proper construction of the subsequent enactment it appears that the expression had not been correctly interpreted
258G H The criterion fixed for screening for absorption was not an irrational criteria a criterion not having any nexus with the purpose of the Act
Therefore the criticism that a teacher who was working even for two or three months only before 2561975 and then with long interruptions was in employment of the University at the time of the commencement of the Ordinance would be eligible but a teacher who had worked continuously from 2661975 ie after the date fixed ie 25th June 1975 for three years would be in eligible and as such that will be discrimination against long experience cannot be accepted
Such a construction would be an unreasonable construction unwarranted by the language used in the provisions concerned
260A C 246 5i If a particular period of experience is fixed for screening or for absorption it is within the wisdom of the legislature and what period should be sufficient for a particular job or a particular employment is not subject to judicial review
260C ii Improper application of law in certain cases does not make the law had per se
Useless law similarly is not always arbitrary law
261A iii Wisdom or lack of wisdom in the action of the Government or legislature is not justifiable by court
To find fault with a law is not to demonstrate its invalidity
Mere errors of Government are not subject to judicial review
What is best is not always discernible
Metropolis Theater Company vs City of Chicago and Ernest J Magerstadt 57 Lawyers  Edition 730 Prag Ice  Oil Mills  Anr
V Union of India  at 333
 DS Nakara and Others vs Union of India 1983 2 SCR 3051983 2 SCR 165 referred to
If 25th June 1975 was taken in order to differentiate between pre emergency and post emergency appointees for consideration for absorption then there cannot be any doubt that such a differentiation would amount to are arbitrary discrimination
Because the fact whether one was pre emergency appointee and another a post emergency was wholly irrelevant to the object of the Act and the Ordinance ie absorption of temporary lecturers of long standing working in the university
Therefore to the question of absorption of temporary lecturers of long standing imposition of emergency in the country and appointment prior or subsequent thereto is wholly irrelevant and has no nexus
Differentiation on a ground which is irrelevant amounts to discrimination
261B D In Re The Special Courts Bill 1978 Gopalan vs State of Madras   State of Travencore Cochin vs Bombay Company Limited 1052 1112
 State of West Bengal vs Union of India 1964 l SCR 371 referred to
According to the Statement of Objects and Reasons of the Ordinance and bearing in mind the preamble of the Act the main object was to make a specific provision for the selection of teachers and officers in the universities which had not been done for a long time
Temporary appointments against vacant posts had been made by the universities and such posts had been continuing in some cases for ten years
The preamble to the Act of 1979 is a key to unfold the intention of the legislature to make this law
It lays down that the Act was to provide for the absorption of temporary lecturers of long standing working in the universities of Rajasthan
264C D 8A certain tenure of service for the purpose of absorption was the object to be achieved and this has a rational nexus with the object
The prescription of the date from which the period should begin and the date on which it should end were merely incidental to the purpose
Any date perhaps could 247 have served the purpose which took into consideration long tenure
What was intended by the use of the expression appointed on or before 2561975  and must have continued until 1261978 being the date of coming into force of the Ordinance indicated that there should have been near about three years experience for being eligible for absorption
The date was a handy date
Handy in the sense it came quickly in the minds of some people
At least there is no evidence that there was any attempt to separate or penalise pre emergency appointee and no decision was taken by any appropriate authority and no such evidence is there to make a distinction between pre emergency and post emergency appointees
Being in the employment at the time of coming into operation of the Ordinance was the pre condition ie 12th June 1978
Naturally some day anterior to that date had to be indicated to ensure long tenure of experience and 25th June 1975 was chosen because it was as good a date as any other
266B D 9
It may be that 25th June 1975 has some odour to some people
It may be that it revised many attitudes but this is wholly irrelevant
Any other date might have been chosen
A particular period was taken to make a person eligible for being screened for absorption and regularisation and if the beginning date happens to coincide with a particular date about which some people have some memories the law would not become bad
That would be taking too sensitive a view of human expressions
267B C 10
For the regularisation of teachers experience was the object to be found out
Certain period of experience was necessary for the basis for making the regularisation
The period of experience would be how much and the date of experience should begin from what time are within the legislative wisdom and there is nothing in this case to indicate that the starting point ie to be in service on or before 2561975 was an arbitrary choice 269D E State of Mysore  Anr
vs SV Narayanappa 1967 1 SCR 128 referred to