GANGADHARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The point of law, and the validity of the very order impugned in this writ petition, had been the subject matter of an early decision of this court. The legal point relates to the interpretation of Chap.1 R.3 of the Kerala Education Rules, 1959 (hereinafter referred to as the 'KER'), The order impugned is G.O. (MS)62/78/G. Edn. dated 17-5-1978, Ext. P6 in the case. On the legal point, Eradi, J., as he then was, had already expressed himself in K.K. Moidu v. State of Kerala and others, 1973 KLJ 591 , That decision was referred to by one us (Kochu Thommen, J.) while considering the validity of the self same order, which had been challenged in another writ petition O.P. No. 2027 of 1978.

(2.) Our learned brother Narendran, J. before whom the present writ petition was argued felt that the view taken in OP. No. 2027 of 1978 required reconsideration. The aspect on which the learned Judge felt such reconsideration necessary was whether the powers under Chap.1 R.3 could be invoked ''to deal with individual cases only or whether undue hardship caused to a group of persons can be redressed by invoking the rule".

(3.) Counsel for the petitioner submitted that Chap.1 R.3 of the KER. substantially corresponded to the provisions of Rude 39 of the Kerala State and Subordinate Services Rules, 1958 (for short 'K. S. & S. S. R.'). The latter rule, he pointed out, had been subjected to, a detailed examination by a Full Bench of this court in Sreedharan Pillai v. State of Kerala, 1973 KLT 151 : 1973 KLJ 187 . Eradi, J. speaking for the full court, examined all aspects of the rule and clearly delineated the area of its operation and the limitations of the exercise of the power thereunder. According to counsel for the petitioner, the decision was authority for the proposition that R.39 cannot be invoked, when relief is to be given to a plurality of persons.