D.N.Patel, J. - (1.) Much has been argued by the learned counsel for the petitioners that under Article 19(1)(c) there is fundamental right vested in these petitioners to form an association and such fundamental right cannot be taken away by the respondents, much less, by Rule 8(iii) of Jharkhand Home Guard Public Servant Rules, 2014 which are at Annexure-2 to the memo of this writ petition.
(2.) It is submitted by the learned counsel for the petitioners that the fundamental rights are so much fundamental that they have never been surrendered by the citizens to the State and hence such rights have already been retained by the citizens. Moreover, such rights cannot be waived by the citizens as decided by the Hon'ble the Supreme Court in the case of Basheshwar Nath v. The Commissioner of Income Tax Delhi and Rajasthan and another, 1959 AIR(SC) 149.
(3.) It has been further submitted by the learned counsel Mr. Kumar Harsh that the fundamental right guaranteed by the Constitution of India under Article 19 (1)(c) cannot be taken away by any Act or legislation much less by rules enacted by the State of Jharkhand namely Jharkhand Home Guard Public Servant Rules, 2014 enacted under Section 12 of Jharkhand Home Guards Act, 2005.;