Regulation 46(i)(c) contains an unguided and uncontrolled power and therefore suffers from

the vice of excessive delegation of powers, on a parity of reasoning the power conferred on the
General Manager to retain an AH upto the age of 40 years and also there no provision on the
contrary requiring the authorities to give reason for refusing to extend the period of retirement
of Ahs and also it doesn’t give any right to appeal against the order passed by the managing
director and it should be struck down as invalid because it does not lay down any guidelines
or principles. The words 'at the option' are wide enough to allow the Managing Director to
exercise his discretion in favour of one AH and not in favour of the other which may result in
discrimination. The conferment of such a wide and uncontrolled power on the Managing
Director is clearly violative of Article 14, as the provision suffers from the vice of excessive
delegation of powers.

For these reasons, therefore, we have no alternative but to strike down as invalid that part of
Regulation 47 which gives option to the Managing Director to extend the service of an AH.
The effect of striking down this provision would be that an AH, unless the provision is suitably
amended to bring it in comformity with the provisions of Article 14 would continue to retire at
the age of 45 years and the Managing Director would be bound to grant yearly extensions as a
matter of course, for a period of ten years if the AH is found to be medically fit. This will
prevent the Managing Director from discriminating between one AH and Anr..