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H.R.KHANNA, V.R.KRISHNA IYER, S.MURTAZA FAZAL ALI, A.N.RAY, A.C.GUPTA, K.K.MATHEW, M.H.BEG
State Of Kerala – Appellant
Versus
N. M. Thomas – Respondent
The legal document discusses the relationship between the provisions of the rules and orders concerning the exemption of Scheduled Castes and Scheduled Tribes from passing departmental tests for promotion and the principles enshrined in Article 14 of the Constitution. It emphasizes that Article 14 guarantees equality before the law and equal protection of the laws, which inherently involves the principle of reasonable classification. The court highlights that classification, if founded on rational and relevant grounds, does not violate the guarantee of equality under Article 14.
The judgments clarify that such classifications are permissible when they serve a legitimate purpose, such as promoting social justice and correcting historical disadvantages faced by backward classes, including Scheduled Castes and Tribes. The measures taken, such as granting temporary exemptions or extended periods for passing tests, are viewed as reasonable classifications aimed at achieving social and economic upliftment without undermining the core principle of equality. These classifications are justified as they are based on substantial differences and serve the legitimate aim of providing equal opportunities, especially for groups that have historically been socially and educationally backward.
Furthermore, the judgments stress that equality of opportunity does not mean absolute uniformity but allows for reasonable differentiation where justified by relevant social, economic, or educational disparities. The measures are seen as a means to bridge inequalities and promote inclusivity, which aligns with the broader constitutional goal of social justice and equality. Thus, the rules and orders are considered consistent with the constitutional guarantee of equality under Article 14, provided they are based on rational, relevant, and non-arbitrary grounds.
JUDGMENT
RAY, C. J. (Majority Judgment) :—This appeal is by certificate from the judgment dated 19 April, 1974 of the High Court of Kerala.
2. This appeal concerns the validity of Rule 13AA of the Kerala State and Subordinate Services Rules, 1958 hereinafter called the Rules and two orders which are marked P-2 and P-6.
3. In order to appreciate Rule 13AA, it is necessary to refer to Rules 12, 13A, 13AA. These rules were framed in exercise of the powers conferred by the proviso to Article 309 of the Constitution. These rules came into existence on 17 December, 1958.
4. "Promotion" is defined in Rule 2 (11) to mean the appointment of a member of any category or grade of a service or a class of service to a higher category or grade of such service or class.
5. Rule 12 states that where general educational qualifications, special qualifications or special tests are prescribed by the Special Rules of a service for any category, grade or post therein, or in a class thereof, which are not prescribed for a category or grade in such service or class carrying a lower rate of pay and no member in the category or grade carrying the lower rate of pay is eligible for promotion to such category, grad
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