Shri P. G. Gupta vs State Of Gujrat & Ors on 14 December, 1994 development of the country and has undertaken massive housing schemes. As its part, allotment of houses was adopted, as is enjoined by Arts.38, 39 and 46, Preamble and 19(1)(e), facilities and opportunities to the weaker sections of the society of the right to residence, make the life meaningful and liveable in equal status with dignity of person. It is, therefore, imperative of the State to provide permanent housing accommodation to the poor in the housing schemes undertaken by it or its instrumentalities within their economic means so that they could make the payment of the price in easy instalments and have permanent settlement and residence assured under Article 19(1)(e) and 21 of the Constitution. Thus for there is no problem but the crucial question is whether that right is still available to the appellants in category (vi). 12. It is seen that after the capital was shifted to Ahmedabad, these houses were allotted to Govt. employees. That came with the shifting of the capital. Initially, on April 17, 1971, 200 houses were got converted from rental basis scheme to the hire purchase scheme. Thereafter the Govt. have re-considered the matter and by resolution dated June 22, 1972, resolved to allot all the 396 houses to the Government employees on hire purchase scheme. Thus, the diversion became compulsive necessity. Therefore, the High Court has taken the criteria of June 22, 1972 as last date for fixing the entitlement for the priorities mentioned in the offending resolutions and allotment of the houses to the Govt. employees. It is true, that a date has to be fixed with reference to a particular case and fixation of any date always may appear to be arbitrary. But some connection has to be established for fixation of the date for allotment of the houses. In this case, since the government had taken decision on June 22.1972, to convert the rental basis scheme into hire purchase scheme that date bears rational relation to the object of allotment. Therefore, it cannot be said to be arbitrary or irrational offending Article 14 of the Constitution. 13. It is contended that appellants in category(vi) were taken by surprise of the adverse order like a bolt from the blue from the decision of the High Court without arguments nor challenge made to it, has no substance. From the judgment it is clear that category (iii) persons who had vacated the houses were treated. on par with category (vi) employees transferred from' the capital to the districts. From the material on record it would appear that the eligibility of category of (vi) employees was also questioned. Though some of them managed to remain in possession, they cannot claim right to allotment under hire purchase scheme. Therefore, the High Court has rightly considered that when category (iii) employees were excluded on the ground that they shifted their residence from Pahari to Gandhinagar, the same parity should be applied to category (vi) employees who have been transferred from the capital to the districts. 14. In these circumstances, we do not find any illegality in excluding employees of categories (iii) and (vi) for allotment under hire purchase scheme. The appeals are accordingly dismissed. No costs. Indian Kanoon - http://indiankanoon.org/doc/1913799/ 5