ABDUL RASHEED Vs. K S R T C

JUDGEMENT

(1.) Degree holders and Diploma holders in the cadre of Asst: Executive Engineers in Kerala State Road Transport Corporation (for short 'the Corporation') have been classified into two categories for the purpose of further promotion to the cadre of Executive Engineers. The relevant clause in the Regulations formulated by the Corporation which made the aforesaid classification has been assailed in this Original Petition filed by two Diploma holders.

(2.) The petitioners and the fourth respondent are now Asst.Executive Engineers in the Corporation. Their next promotion is to the cadre of Executive Engineers. While petitioners are diploma holders the 4th respondent is a graduate in Civil Engineering. Clause.5(1) of the K.S.R.T.C. Civil Engineering Staff (Method of appointment) Regulations (for short 'the Regulations') reads thus:

(3.) Classification as such is not altogether forbidden by Art.14 or 16 of the Constitution. The oft repeated rule is that the classification must be based on an intelligible rationale having a nexus with the object sought to be achieved. In the impugned Regulations the classification is apparent as between degree holders and diploma holders. One cannot contend that a diploma holder stands on a par with a degree holder from academic standpoint. A degree in one subject is certainly weightier than diploma in that subject; although, perhaps, a diploma holder may successfully carry out the same amount of work with the same amount of skill as what a degree holder is able to perform. But it is unreasonable to compel any one to treat a degree holder and a diploma holder alike without any rider whatsoever. Even if diploma holders and degree holders were treated alike at a particular stage or cadre, the authority concerned is not under any disability to retain the integration unbroken atleast for higher echelons in the same service. In the impugned Regulations what is stipulated is that diploma holder must acquire a larger length of service to qualify himself to be promoted to the next cadre while degree holder need acquire a lesser length of service. Such a stipulation, even on the face of it, is only consistent with the ostensible difference between a degree and a diploma in the same subject.