Satya Brata Sinha, J. - - (1.) An intricate question as regard the right of the writ petitioners-respondents to obtain employment in terms of the Civil Defence Act, 1968 (hereinafter referred to as the said Act) is involved in these appeals.
(2.) The Parliament enacted the said Act to make provisions for Civil Defence and for matters connected therewith. The word 'Civil Defence' has been defined in section 2(a) of the said Act to mean:- "Civil Defence included any measures, not amounting to actual combat, affording protection to any property, place or thing in India or any part of the territory thereof against any hostile attack, whether from air, land, sea or other places, or, for depriving any such attack of the whole or part of its effect, whether such measures are taken before, during, at or after the time of such attack."
(3.) Section 3 provides for the power of Central Government to make Rules, for securing Civil Defence, by issuing of a notification in respect of the matters enumerated therein. The State Government in terms of Section 4 of the said Act is entitled to constitute an area within the State, a body of persons to be called the Civil Defence Corps and for that purpose a person not below the rank of District Magistrate can be appointed as the Controller for the purpose of commanding the said Corps. The State is entitled to appoint a Director for co-operating the activities of the Controller. It is also entitled to appoint members and other officers of the Corps. Section 6 provides for the dismissal of the members of the Civil Defence Corps.;