ABDUL BASHEER Vs. KARUNAKARAN

JUDGEMENT

(1.) THESE appeals by graduate Excise Inspectors are directed against the judgment and order dated 20 March, 1981 of the High Court of Kerala holding that the amendment to Special R. 2 of the Kerala Excise & Prohibition Subordinate service Rules is ultra vires.

(2.) THE writ petitions were filed by non-graduate Excise inspectors alleging that the amendment to Special R. 2 of the aforesaid Rules violates Art. 14 and 16 of the Constitution in as much as an invidious discrimination has been made between graduates and non-graduates by prescribing a ratio between them in the matter of promotion from the post of Excise preventive Officer to that of Second Grade Excise Inspectors. As all the cases have proceeded on a common factual basis, we shall take up the appeal arising out of O. P. 3760 of 1978 for the purpose of this judgment.

(3.) TWO contentions were raised by the appellants before the Division Bench of the High Court. It was contended that the preference shown to graduates by prescribing under the amended Special R. 2 the ratio 1:3 represents the recognition of graduation as a standard of merit and, it was urged, officers with more merit in the post of Excise Inspectors would promote administrative efficiency. It was also contended that the amendment to Special r. 2 is the result of an historical background which justifies preferential treatment. It was pointed out that as graduates and non-graduates had all along been treated differently in the matter of promotion to the post of Excise inspector, the classification brought about by amending Special R. 2 could not be regarded as unreasonable.