D.P.GUPTA, J. - (1.) THE question which arises in this writ petition at the outset is as to whether the grounds that the petitioner desires to urge could be allowed to be raised in view of the order issued by the President of India suspending the rights of all persons to move any Court for the enforcement of the rights conferred by Article 14 of the Constitution of India, after the proclamation of emergency.
(2.) LEARNED counsel tor the petitioner. Mr. Calla, urged that although the rights conferred by Article 14 cannot be enforced by this Court in view of the Presidential declaration, yet the rights conferred by Article 16 of the Constitution in matters relating to employment and appointment to any office under the State could still be invoked, as the order issued by the President does not affect the provisions of Article 16 of the Constitution, Mr. Mridul, appearing as an in -tervenor supported the aforesaid contention of the learned counsel for the petitioner and argued that the provisions of Article 16 could still be pressed into service in spite of the suspension of the rights conferred by Article 14. On the other hand, Mr. Mathur, learned Additional Government Advocate, submitted that Article 16 is an incidence or species of the same right of equality of opportunity which has been conferred by Article 14 of the Constitution and in view of the fact that the rights conferred under Article 14 have been suspended during the period of the emergency, the provisions of Article 16 also could not be invoked by the petitioner,
(3.) IN order to appreciate the rival contentions in their proper perspective, it would be proper to set out relevant provisions and orders. Article 13 of the Constitution of India enacts that all laws in force in the territory of India immediately before the commencement of the Constitution would be void in so far as they are inconsistent with the provisions of Part III of the Constitution, relating to the fundamental rights. It has further been provided that the State shall not make any law so as to take away or abridge the rights conferred by Part III of the Constitution and any law so made in contravention of the provisions of the said Part would be void to the extent of such contravention.;