HAMEED Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in this writ petition is to declare that R.45 Chapter XI V-A of the Kerala Educational Rules (hereinafter to be referred to 'the Rules') in so far as it gives a preferential treatment to graduates for appointment as U.P. School Headmasters as unconstitutional and invalid and also violative of the fundamental rights guaranteed under Art.14 of the Constitution of India. The petitioners are Upper Primary School Assistants. The 1st petitioner is also the Secretary of the Kerala Aided Primary T.T.C. Holders Association. They are qualified to be appointed as Headmasters in U.P. Schools under Chapter XXXI of the Rules read with R.2(7) Chapter I of the Rules. R.44(1) Chapter XIV-A of the Rules provides as follows:

(2.) It is now fairly established that classification based on educational attainment can be a valid classification for Art.14 of the Constitution. Classification on the basis of educational qualifications made with a view to achieving administrative efficiency cannot be considered as violative of Art.14. Educational qualifications have been recognised as a basis for classification for the purpose of Art.14 of the Constitution. In the decision in Kerala Hotel and Restaurant Assn. v. State of Kerala 1990 (1) KLT 825 = 1990 (2) SCC 502 the Supreme Court held that:

(3.) It is submitted by counsel for the petitioners that the first petitioner has already been appointed as Headmaster on 1-6-1990 and, therefore, he may not have any grievance now.