VELAPPAN Vs. CHANDRAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of a single judge in O. P. No. 4882 of 1970. There were 4 petitioners in that original Petition and they are respondents 1 to 4 in this appeal and respondents 5 to 7 are the 3 respondents in the Original Petition. The appellant is a stranger to the proceedings in O. P. No. 4882 of 1970, the judgment from which is appealed against, but the appeal has been sought to be sustained on the ground that he is aggrieved by the decision and no point has been taken before us that the appeal is not maintainable.

(2.) SHORTLY stated, the question that arises for determination in this appeal is whether R. 2 and 6 of the Kerala Forest subordinate Service Rules, 1963 for short, the rules, in so far as they provide for promotion of Foresters, Category 3, in R. 2 and R. 6 prescribing other qualifications for Foresters are liable to be set aside in proceedings under Art. 226 of the constitution. The learned judge accepted the contentions of respondents 1 to 4, the petitioners on two grounds. It was held that the rules were violative of the proviso to subsection (7) of s. 115 of the States Reorganisation Act, 1956 in that before its promulgation the prior approval of the Central Government had not been obtained. It was also found that the rules were violative of R. 35 (b) of the Kerala State and Subordinate Services r. 1958. So the original petitions were allowed. On the other point urged before the learned judge that the rules were violative of Art 16 of the Constitution there is no final pronouncement though the learned judge was inclined to accept prima facie the contention that the rules were discriminatory.

(3.) R. 6 dealing with other qualifications prescribed for foresters reads as follows: - "6. Other Qualifications.-No person shall be eligible for appointment to the Class, Category or Grade specified in column (1) and by the method specified in column (2) of the Table below unless he possesses the qualifications specified in the corresponding entry in column (3) thereof: -