MULKI RUKES & 610 G.O

Mulki Rules

In, urdu language, mulk is a nation, and the residents are Mulkis.The fight for jobs for the mulkis had a long chequerred history. In the present context, it is necessary to understand the origin:
The Mulki Rules formed part of the Hyderabad Civil Services Regulations promulgated in obedience to His Exalted Highness the Nizam’s Firman dated 25th Ramzan 1337 Hijri , corresponding to 1919 A.D
The State of Hyderabad was then a native Indian State, which had not acceded to the Dominion of India after the Indian Independence Act, 1947.
Article 39 of Hyderabad Civil Service Rules, as contained in Chapter III of Regulations reads as follows, Appendix N.
“ 39. No person will be appointed in any Superior or Inferior services without specific sanction of His exalted Highness, if he is not a Mulki, in terms of the rules laid down in Appendix “ N”
Clause 6 of Rules:
1) A person shall be called a Mulki if----
a) by birth he is a subject of the Hyderabad State, or
b) by residence in the Hyderabad State, be entitled to be a Mulki, or
c) his father having completed 15 years of Service was in the Government Service at the time of his birth , or
d) she is a wife of a person who is a Mulki.
3) A person shall be called a Mulki who was a permanent resident of the Hyderabad State for at least 15 years and has abandoned the idea of returning to the place of his residence and has obtained an affidavit to that effect on a prescribed form attested by a Magistrate.
7) Presribes the contents of the application to be made for grant of a Mulki Certificate and required the applicant, among other thing
a, b, c, --------------------
d) Where was he he residing, prior to his residing in the Hyderabad State
e) Place of birth and nationality of his father and grand father
f, g, ------
h) From what period the applicant is permanently residing in the Hyderabad State and whether he has abandoned the idea of returning to his native land
I, j, --------------
9) Stipulates conditions for verification of the contents by the Police Department.


Mulki Rules Held Valid By the Supreme Court, October 1972
Brief Note (c ) of the Supreme Court Judgement says that the effect of reorganization of States made under Articles 3 and 4 of making Telangana a part of a new State of Andhra pradesh must be ignored under Article 35(b) and hence the Mulki Rules continue in force, even after constitution of the State of Andhra Pradesh, Under the Reorganisation of States Act, 1956.
----It cannot be denied that the purpose of states reorganization of states is not to take away fundamental rights. ( of Telangana People)

Background To Introduction/Continuation of Mulki Rules
The supreme court extensively quoted from earlier judgment in justification for Mulki Rules
1) Due to political and historical reasons, Hyderabad state remained isolated. There were no adequate educational facilities.
2) There were very few opportunities to enter public service in competition with others from outside the state.
3) Urdu which was not the language of 90% of the people was the official language of Administration.
4) SRC suggested the continuance of the Telangana region as a separate state.
5) An agreement of the elders of both the regions was reached to reserve to them the benefits of securing employment on the strength of their residence.

The formation of a Regional Standing Committee was also agreed upon.
When the State of Andhra Pradesh was formed in 1956, certain safeguards were envisaged for the Telangana area in the matter of development and also in the matter of employment opportunities and educational facilities for the residents of that area
The Public Employment (Requirement as to Residence) Act, 1957, was enacted inter alia to provide for employment opportunities for residents of Telangana area. But in 1969, the Supreme Court held the relevant provision of the Act to be unconstitutional is so far as it related to the safeguards envisaged for the Telangana area.
On the 21st September, 1973, they suggested certain measures (generally known as the Six-Point Formula) indicating a uniform approach for promoting accelerated development of the backward areas of the State so as to secure the balanced development of the State as a whole and for providing equitable opportunities to different areas of the State in this matter of education, employment and career prospects in public services.

SIX POINT FORMULA – Andhra Pradesh Public Employment (Organisation of Local Cadres & Regulation of Direct Recruitment) Order, 1975
mentions that the continuation of Mulki Rules and Telangana regional Committee become unnecessary (no Provision anywhere, in Constitutional amendments that the Telangana Regional Committee is abolished or is withdrawn)

Now that the Mulki Rules were not implemented properly earlier, and Presidential Orders now, those who have violated law who should have been prosecuted criminally, are not only enjoying the fruits but are dictating terms to Telanganites.
Those employees who came to Hyderabad, under the pretext of non existing, VII zone, in utter violation of Presidential Order, claim that we have been staying here in Telangana for the last thirty years, and now how can we go back.
Added to injury, even if vacancies are created and recruitment starts, the children of Andhra’s who came here in violation of Presidential Orders, would again get jobs because they have become locals by virtue of studies.---- Perpetuation of violations and Multiplier effect.
Those children of Andhras, who came here for business, and several other reasons have become locals by virtue of studies and get jobs meant for Telangana Youth.
Central University is no doubt established in Hyderabad city. This is more a national University in nature, rather than augmenting facilities for Telangana students. Neither the faculty, nor the students are selected from Telangana region.


The Six points are:
1. There should be greater financial allocations for the development of Backward Regions, and Capital city of Hyderabad A State Level Planning Board with legislators from Backward regions, together with experts be created and Sub-boards should be created for backward regions-----No concrete measures were taken more so for Telangana Region.
2. In educational institutions in the State, to give preference to local candidates a state level policy should be evolved.. In the capital city of Hyderabad, to augment educational facilities, a Central University should be established.---This has resulted in seven years of study in the regional areas in lieu of 15 years of residence in the Telangana region. University of Hyderabad, has neither helped Telangana students nor academics, as it was a National University.
3. Up to a certain fixed level of recruitment local candidates should be preferred, this policy should be followed even in promotions giving preference to local candidates--- This gave way for Zonal System, four years of study in lieu of Mulki Rules. This aspect will be discussed in a greater detail, separately.
4. In respect of recruitment, seniority, promotions etc to resolve the problems Administrative Tribunals should be created, and the decisions of these Tribunals shall be binding on the Government.---- These Tribunals only prolonged the process of rendering justice, rather than solving the problems. Recent Tribunal Orders on GO 610 are a few examples
5. To give effect to the above issues, to overcome legal hurdles, the President of India should be empowered to make Constitutional amendments--- This gave way for 32nd amendment, creation of 371-D, Presidential Orders, which were systematically violated by successive governments in the state, dominated by political, and administrative dominance of Andhra and Rayalaseema.
6. If the above conditions are fulfilled, the continuation of Mulki Rules and Telangana Regional Committee become unnecessary. While above conditions
1 to 5 were not implemented, the sixth point was the only point that was immediately implanted, because it served the interests of Andhra and Rayala Seema regions.


Even if Go 610 is implemented and the resulting vacancies are filled, they will be filled by the brothers, sisters, children of Andhra Employees who became locals by virtue of studies. It is a Multiplier Effect. Andhra’s first occupied vacancies in violation of Presidential Order, settled here, they brought their kith and kin from Andhra areas , who studied here for four years and thus became locals. This is a serious problem with unimaginative dimension

Constitutional safeguards
Parliament, in effect, gave statutory recognition to this agreement ( Gentlemen’s Agreement ) by making the necessary constitutional amendment in Art.371., providing for the constitution of the Telangana Regional Committee—the Constitution ( Seventh Amendment) Act, 1956, inter alia- substituted a new Article 371 for the old, the relevant part, the relevant part of which reads as follows:--
610 G.O.-- Presidential Order contains principles regarding Organisation of Local Cadres allotment of personnel of the various Departments to the various local cadres, method of direct recruitment to the various categories