Judgment

SARKARIA, J.:- This appeal by special leave, directed against a judgment, dated Dec. 18, 1968, of the High Court of Kerala, arises out of these facts:-

Koyakutty, Respondent herein, entered service of the former Madras State on May 1, 1943 as temporary Section Writer on probation in the Registration Department. He did not possess the minimum general educational qualification prescribed by Rule 29 of the Madras Ministerial Service Rules. This rule, inter alia, provided that no person shall be eligible for appointment to the service in any post either by direct recruitment or by recruitment by transfer on promotion unless he possesses the minimum general educational qualification prescribed in the Schedule to the General Rules. The General Rules provided that the passing of the Secondary School Leaving Examination or other equivalent examination shall be the minimum educational qualification for appointment to the Ministerial Service.

2. The State Government, however, had the power to exempt a person from this qualification. The Madras Government passed an Order, dated April 15, 1954, (Ex. P-II), exempting him from the said qualification for being appointed as a Lower Division