Kerala State Subordinate Service Rules, 1958, r. 13AA Constitutional validity of.

Constitution of India, 1950-Arts.16, 46 and 335-Scope of.

Scheduled Castes and Scheduled Tribes-If a caste-Exemption granted from passing special departmental tests-lf violative of Art, 16.

Rule 13(a) of the Kerala State Subordinate Services Rules, 1958, provides that no person shall be eligible for appointment to any service or any post unless he possessed such special qualifications and has passed such special tests as may be prescribed in that behalf in the Special Rules.

For promotion of a lower division clerk to the next higher post of upper division clerk, the Government made it obligatory for an employee to pass the special departmental tests. Rule 13A which was introduced sometime later, gave temporary exemption from passing the departmental tests for a period of two years. The rule also provided that an employee who did not pass the unified departmental tests within the period of two years from the date of introduction of the test would be reverted to the lower post and further said that he shall not again be eligible for appointment under this rule. Proviso 2 to this rule gave temporary exemption of two years in the case of Scheduled Castes and Scheduled Tribes candidates. A Harijan Welfare Association represented to the State Government that a large number of Harijan employees in the State service were facing immediate reversion as a result of this rule and requested the Government to grant exemption in respect of Scheduled Castes and Scheduled Tribes employees from passing the obligatory departmental tests for a period of two years with immediate effect. Accordingly, the State Government introduced rule 13AA giving further exemption of two years to members belonging to Scheduled Tribes and Scheduled Castes in the service from passing the tests referred to in r. 13 or r. 134.

Respondent no, 1 passed the special tests in November, 1971. The other respondents belonging to Scheduled Castes and Scheduled Tribes were promoted as Upper Division Clerks even though they had not passed the prescribed tests, Respondent no. 1 who was not promoted in spite of the fact that he had passed the requisite tests moved the High Court under Art. 226 of the Constitution seeking a declaration that r. 13AA under which exemption had been granted to the other respondents in the matter of promotion was violative of Art, 16 of the Constitution. The High Court struck down the impugned rule as violative of Art. 16(1) and (2) and Art. 335 of the Constitution.