P.B.BAJANTHRI,J. - (1.) In this petition, the petitioner has prayed for quashing impugned notification/communication dated 19.10.2015 (Annexure P -1) issued by the 1st respondent ­ Union of India to fill up the post of Chairman in Bhakra Beas Management Board (for short, hereinafter referred as 'BBMB') and further sought for a direction to the respondents No. 1 and 2 to permit the petitioner to appear in the ongoing selection process of appointment of Chairman, BBMB.
(2.) Before adverting to the facts of the case, it is necessary to examine various provisions relating to issue involved in the matter. Article 14 and 16 (1), (2) & (3) of the Constitution of India reads as under: - "14. Equality before law. - The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. XXX XXX XXX 16. Equality of opportunity in matters of public employment. - (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. (3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment." Parliament enacted Punjab Reorganisation Act, 1966 (hereinafter referred as 'PR Act, 1966'). The Act, 1966 came into force w.e.f. 1.11.1966. Section 79 of the Act, 1966 deals with "79. Bhakra Management Board". Section 79 (1) reads as follows : - "79. Bhakra Management Board. - (1) The Central Government shall constitute a Board to be called the Bhakra Management Board for the administration, maintenance and operation of the following works, namely: - - XXX XXX XXX" Section 79. (2) reads as follows : "79. (2) The Bhakra Management Board shall consist of - - (a) a whole - time Chairman and two whole - time members to be appointed by the Central Government; (b) a representative each of the Governments of the States of Punjab, Haryana and Rajasthan and the Union territory of Himachal Pradesh to be nominated by the respective Governments or Administrator, as the case may be; (c) two representatives of the Central Government to be nominated by that Government." Section 79 (5) to (9) reads as follows : - "(5) The Governments of the successor States and of Rajasthan shall at all times provide the necessary funds to the Bhakra Management Board to meet all expenses (including the salaries and allowances of the staff) required for the discharge of its functions and such amounts shall be apportioned among the successor States, the State of Rajasthan and Electricity Boards of the said States in such proportion as the Central Government may, having regard to the benefits to each of the said States or Boards, specify. (6) The Bhakra Management Board shall be under the control of the Central Government and shall comply with such directions, as may from time to time, be given to it by that Government. (7) The Bhakra Management Board may with the approval of the Central Government delegate such of its powers, functions and duties as it may deem fit to the Chairman of the said Board or to any officer subordinate to the Board. (8) The Central Government may, for the purpose of enabling the Bhakra Management Board to function effectively, issue such directions to the State Governments of Haryana, Punjab and Rajasthan and the Administrator of the Union territory of Himachal Pradesh or any other authority, and the State Governments, Administrator or authority shall comply with such directions. (9) The Bhakra Management Board may, with the previous approval of the Central Government and by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder, to provide for - - (a) regulating the time and place of meetings of the Board and the procedure to be followed for the transaction of business at such meetings; (b) delegation of powers and duties to the Chairman or any officer of the Board; (c) the appointment, and the regulation of the conditions of service, of the officers and other staff of the Board; (d) any other matter for which regulations are considered necessary by the Board." Section 97 of the PR Act, 1966 deals with Power to make rules, which reads as follows: - "97. Power to make rules. - (1) The Central Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: - - (a) the procedure to be followed by the Bhakra Management Board and the Beas Construction Board for the conduct of business and for the proper functioning of the Boards and the manner of filling casual vacancies among the members of the said Boards; (b) the salaries and allowances to be paid to the whole - time Chairman and whole - time members of the Bhakra Management Board; (c) the salaries and allowances and other conditions of service of the members of the staff of the Bhakra Management Board or the Beas Construction Board; (d) the maintenance of records of all business transacted at the meetings of the Bhakra Management Board or the Beas Construction Board and the submission of copies of such records to the Central Government; (e) the conditions subject to which, and the mode in which, contracts may be made on behalf of the successor States and the State of Rajasthan in relation to the functions of the Bhakra Management Board or the Beas Construction Board; (f) the preparation of the budget estimates of the receipts and expenditure of the said Boards and the authority by which such estimates shall be approved; (g) the conditions subject to which the said Boards may incur expenditure or re - appropriate funds from any budget head to another such head; (h) the preparation and submission of annual reports; (i) the maintenance of accounts of the expenditure incurred by the said Boards; (j) any other matter which is to be, or may be, prescribed. (3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validly of anything previously done under that rule."
(3.) Exercising Section 97 of the PR Act, 1966, rules have been framed called Bhakra Beas Management Board Rules (for short hereinafter referred as 'BBMB Rules, 1974'). These rules were notified on 11.12.1974.;