KUNJAN NAIR Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Same questions arise for decision in these petitions which have been referred to the Division Bench. So we are disposing of them by a common judgment.

(2.) The Government published Special Rules for the Kerala Excise and Prohibition Subordinate Services as per GO (P) 112/74/TD dated 9/9/1974. That rule related to three categories of officers, namely, Excise Inspectors, Excise Preventive Officers and Excise Guards. Excise Guards are the lowest in cadre. The appointment to that cadre is by direct recruitment. The Excuse Preventive Officers' post is second in the hierarchy. That post is to be filled up by direct recruitment or promotion from the category of Excise Guards. One fourth of the total vacancy is to be filled up by direct recruitment and the remaining by promotion from among Excise Guards. For promotion of Excise Guards a ratio of 1:1 was prescribed between Excise Guards possessing minimum qualification of SSLC and those who do not possess that qualification. This fixation of ratio between the SSLC holders and non SSLC candidates is under challenge, According to the petitioners, the said prescription of ratio is violative of Art.14 and 16 of the Constitution. Therefore, the petitioners pray for striking down the above mentioned ratio prescribed in the Special Rules.

(3.) Petitioners in OP Nos. 1828 of 1981, 1860 of 1981 and 2529 of 1987 were originally appointed as Police Constables in early 1960s. They were subsequently absorbed in the Excise Department as Excise Guards. They have not passed SSLC or equivalent examination. Petitioners 1 and 2 in OP No. 1837 of 1981 were directly recruited as Excise Preventive Officers in 1972, on the advice of the Public Service Commission. They were promoted as Excise Inspectors in 1978, and 1980 respectively. Petitioners 3 to 5 in that Original Petition were appointed as Excise Guards in 1962, 1959 and 1960 respectively. They have not passed SSLC or equivalent examination. All these petitioners who have not passed SSLC or equivalent examination, challenge the constitutional validity of proportion between the SSLC holders and non SSLC candidates for promotion to the category of Preventive Officers from the category of Excise Guards, prescribed in the Special Rules dated 9-9-1974.