JUDGMENT

PATHAK, CJI.:— These appeals by graduate Excise Inspectors are directed against the judgment and order dated 20 March, 1981 of the High Court of Kerala holding that the amendment to Special Rule 2of the Kerala Excise & Prohibition Subordinate Service Rules is ultra vires.

2. The writ petitions were filed by nongraduate Excise Inspectors alleging that the amendment to Special Rule 2 of the aforesaid Rules violates Articles 14 and 16 of the Constitution inasmuch as an invidious discrimination has been made between graduates and non-graduates by prescribing a ratio between them in the matter of promotion from the post of Excise Preventive Officer to that of Second Grade Excise Inspectors. As all the cases have proceeded on a common factual basis, we shall take up the appeal arising out of 0. P. 3760 of 1978 for the purpose of this judgment.

3. The petitioner in O.P. 3760 of 1978 joined the post of Excise Guard on 2 April, 1960. He was promoted on 12 January, 1966 as Excise Preventive Officer. In the list of Preventive Officers in the Excise Department as on 1 August, 1970 he was ranked No. 131 while the third respondent was ranked at number 390. The third respondent was promote