TaxTMI 
TaxTMI 
1994 (5) TMI 282
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....nd batch in the A.P. Administrative Tribunal questioning the competence of the State Govt. in prescribing the qualification of degree in Mechanical Engineering or Degree in Automobile Engineering or diploma in Automobile Engineering or any equivalent qualification as conditions for recruitment, contending that it was the Central Government which had been conferred with the power under Section 213(4) of the Motor Vehicles Act, 1988, for short 'the Act', of prescribing the qualifications for appointment to any office or class of officers under the Act, which had prescribed the following: 1. Qualifications: 1) Minimum general educational qualification of a pass in X standard; and 2 (i) A Diploma in Mechanical Engineering (3 year ....
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....l Govt. and the State Govt. of A.P. had not adopted that course. Since the State rule is in conflict with the Central rule, the Central rule would prevail over the State rules, by operation of Article 254 of the Constitution. 4. Sri V.R. Reddy, learned A.S.G. argued that sub-section (1) of Section 213 of the Act preserves, the power to the State Govt. to appoint an officer or class of officers to implement the Act, sub-section (4) gives power to the Central Govt. to prescribe "the minimum qualifications" for appointment as Officers or class of officers to such posts under the Act and that would not mean that the State Govt. having been given the power to appoint the officers, are denuded of their power to prescribe higher qualifi....
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....inimum qualification" which the officers or class of officers thereof shall possess for being appointed as such officer or to the cadre belonging to the State Govt. Under Entry 41 of list II (State List) of VIIth Schedule to the Constitution, the public service includes the services of the officers to be appointed under sub-section (1) of Section 213 of the Act. No doubt, as contended by the learned counsel for the appellants that the Act receives paramount, since under Entry 35, the subject under the Act covers the concurrent field. Sub-section (4) of Section 213 also preserves the power to prescribe qualifications higher than that "minimum qualification" prescribed by the Central Govt. to appoint the "said officers or ....
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....uperseded or becomes void. It is settled law that when Parliament and the Legislature derive that power under Article 246(2) and the entry in the concurrent list, whether prior or later to the law made by the State legislature, Article 246(2) gives power, to legislate upon any subject enumerated in the concurrent list, the law made by the Parliament gets paramountcy over the law made by the State Legislature unless the State law is reserved for consideration of the President and receives his assent. Whether there is an apparent repugnance or conflict between Central and State Laws occupying the same field and cannot operate harmoniously in each case the court has to examine whether the provisions occupying the same field with respect to one....
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....e State Govt. to man the Motor Vehicles Department. What was done by the Central Govt. was only the prescription of minimum qualifications, leaving the field open to the State Govt. concerned to prescribe if it finds necessary higher qualifications. The Governor has been given power under proviso to Article 309 of the Constitution, subject to any law made by the State Legislature, to make rules regulating the recruitment which includes prescription of qualifications for appointment to an office or post under the State. Since the Transport Department under the Act is constituted by the State Govt. and the officers appointed to those posts belong to the State service, while appointing its own officers, the State Govt. as a necessary adjunct i....