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JALIL v. HAMPTON

No. 24640.

460 F.2d 923 (1972)

Mazhar JALIL, Appellant, v. Robert E. HAMPTON, Chairman United States Civil Service Commission.

United States Court of Appeals, District of Columbia Circuit.

Decided March 8, 1972.

Attorney(s) appearing for the Case

Mr. Robert Allen Sedler, University of Kentucky Law School, Lexington, Ky., with whom Messrs. Melvin L. Wulf, New York City, Lawrence Speiser and Ralph J. Temple, Washington, D. C., were on the brief for appellant.

Mr. Bruno A. Ristau, Atty., Department of Justice, with whom Messrs. Thomas A. Flannery, U. S. Atty., at the time the brief was filed, and Alan S. Rosenthal, Atty., Department of Justice, were on the brief, for appellee.

Before BAZELON, Chief Judge, LEVENTHAL, Circuit Judge, and ADAMS, Circuit Judge, U.S. Court of Appeals for the Third Circuit.

ADAMS, Circuit Judge:

This case presents the questions whether the Civil Service Commission, consonant with the Fifth Amendment, may deny to a resident alien the opportunity to take the competitive examination for federal civil service employment, and whether appropriation acts may prohibit the use of appropriated funds to pay aliens employed in the civil service of the United States.

Appellant, Dr. Jalil, is a citizen of the Republic of India. On August 8...

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