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march 1969

Supreme Court of India · 1969-03-28

A. V. S. NARASIMHA RAO AND OTHERS vs THE STATE OF ANDHRA PRADESH AND ANOTHER

Citation / case number
SC 1969/60392
Court
Supreme Court of India
Petitioner
A. V. S. NARASIMHA RAO AND OTHERS
Respondent
THE STATE OF ANDHRA PRADESH AND ANOTHER
Author
HIDAYATULLAH, M. (),SHAHC.,RAMASWAMI, V.,MITTER, G.K.,GROVER, A.N.
Bench
HIDAYATULLAH, M. (CJ),SHAH, J.C.,RAMASWAMI, V.,MITTER, G.K.,GROVER, A.N.

Judgment text excerpt

The Supreme Court held that Section 3 of the Public Employment (Requirement as to Residence) Act, 1957, and Rule 3 of the Andhra Pradesh Public Employment (Requirement as to Residence) Rules, 1959, are ultra vires the Constitution. The Court interpreted Article 16(3) of the Constitution, emphasizing that the requirement for residence must pertain to the entire State rather than specific regions. Consequently, the petitioners, who were non-domiciles removed from their posts reserved for domiciles of Telengana, were reinstated as the provisions violated their fundamental rights under Article 32.

A. V. S. NARASIMHA RAO AND OTHERS vs THE STATE OF ANDHRA PRADESH AND ANOTHER · Niyam