| The respondents were working as Readers in Khallikote College, a private institution which was taken over by the Orissa Government on March 9, 1971. |
| A Government circular containing conditions governing taking over the services of the teaching staff of Khallikote College, was issued on March 23, 1971, whereby the respondents were appointed as lecturers in class II temporarily on ad hoc basis for a period of six months. |
| At the end of this period, the names of those Readers who were drawing a salary of Rs.600/ or more per month on the date of take over, were recommended to the Public Service Commission for the determination of ' their suitability for appointment as Readers. |
| The respond ents and others who were drawing less than Rs.600/ were not considered eligible for such recommendation. |
| Their writ petition against the denial of equal opportunity under article 16 was accepted by the High Court. |
| Dismissing the appeals by special leave the Court, HELD: The condition of drawing of Rs.600/ or more on the date of taking over, which has been laid down in the circular as a particular qualification for eligibility for appointment as Reader and later for consideration of their suitability by the Public Service Commission for appointment as Reader, is arbitrary and discriminatory. |
| It has no nexus with the object underlying the qualification test in an educational institution having regard to the most essen tial condition of intrinsic quality and efficiency of the teachers, and results in denial of equal opportunity to the respondents in the matter of employment under the Govern ment under article 16 of the Constitution. |
| [719 C D, F G] The General Manager Southern Railway vs Rangachari ; , referred. |
| Juthika Bhattacharya vs The State of Madhya Pradesh and Others , distinguished. |
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