Kamalamma and Ors. v. Honble Chief Justice of the High Court of Kerala and Ors.

HANSARIA, J. Article 229(2) of the Constitution has provided that the conditions of service of officers and servants of a High Court shall be such as· may be prescribed by the rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose. The staff of the High Court of Kerala made certain representations to the Chief Justice of that Court ventilating various grievances. The representatives of the staff were heard by the Chief Justice on 24th March, 1984 and after applying due mind to various aspects involved in the matter, which were recorded in the Minutes which run to almost 12 pages, it was felt that a need for amendment of the Kerala High Court Service Rules, 1970 existed. A Notification was issued accordingly on 14.6.1984, by which the existing provision in sub-rule (d) of Rule 16 was substituted to read as below :-

"16( d) Not more than eight posts of Court Officers (category 6A in Division II) may be filled by promotion of non-law graduates working in the feeder categories (categories 1, lA, 1B and 3 to 10 in Division II) subject to the following conditions :

(i) they must have completed 50 years of age or 20 years' of total

service, the service being calculated after taking into account the service from the date of appointment as Assistant Grade II, Typist Grade II and Shorthand Writer Grade II, as the case may be.

(ii) they must be willing to be appointed as Court officers. (iii) their capacity for bench·work must be certified by a commit-

tee consisting of the Registrar, the Joint Registrar and the _A, Deputy Registrar (Judi.)

(iv) all the non-law graduates in the feeder categories will

together from a separate class. As between the qualified law-graduates and the non-law graduates forming the separates class there shall be a ratio of 1:1 for promotion to the post subject to what is stated in clause (v) below: (v) a law graduate who is senior to a non-law graduate coming

within the separate class at the time of filling up of the vacancy will not be superseded by the application of the ratio. The '--< seniority as between the law-graduate and the non-law

graduate will be determined with reference to the total length of service in the manner indicated in clause (i) above. (vi) promotion from among the non-law graduates shall be on the

basis of their total length of service. It shall be calculated in the same manner as total service is calculated under clause (i) above.

(vii) non-law graduates promoted as Court Officers shall not be

eligible for any further promotion based only on their promo-tion follwing the above provisions."

¶2The aforesaid shows that by the amendemnt not more than eight posts of Court officers (their number was 40 at the relevant time) could be filled by promotion of non-law graduates working in the feeder categories. The law-graduates working in the High Court assailed the validity of the amendment and a Division Bench of the High Court struck down the same being violative of Article 14 read with 16 of the Constitution. The non-law graduates for whose benefit the aforesaid amendment had been made have preferred this appeal.

¶3The Division Bench relied principally on the decision of this Court in Mohammad Sujat Ali v. Union of India, AIR (1974) SC 1031, in striking down the aforesaid Rule. A bench of this Court had occasion to consider the ratio of Sujat Ali;s case along with other important decisions on the question as to when educational qualification can form basis of classifica-tion in matters relating to promotion in the case of T.R. Kothandaraman v. Tamil Nadu Water Supply & Drainage, JT (1994) SC 657. It has been concluded in this decision the higher educational qualification is a permis-sible basis of classification, not only for barring promotion, but also for restricting scope of promotion. Reliance on Sujat Ali's case by the Bench of the High Court to hold that the aforesaid amendment having provided ratio 1:1 between two classes was violative of Articles 14 and 16 is, "therefore, not sustainable. In Kothandaraman's case even ratio of 3:1 was upheld for some service because of historical background etc.

¶4Shri Seetharamiah, appearing for the respondents, who were the writ-petitioners before the High Court, has streneously urged that incum-bents must be law-graduates for promotion to the post of Court Officer. There can be no dispute with this proposition; but a perusal of the amended Rule shows that the same has taken care to see that the only such non-law graduates would be considered for promotion who had capacity for bench work, which is required to be certified by a Committee consisting of Registrar, the Joint Registrar and the Deputy Registrar (Judi.) This shows that the rule making authority had taken full precaution to see that only a person of tested capacity is promoted to the post of Court Officer. It has also been noted by us that out of the 40 posts of Court Officers not more than 8 were made available to the non-law graduates; and that too to those who had completed 20 years of total service. This pro~otiQnal avenue was opened for those who were at the fag end of their service, as, in. the alternative, age of fifty years was required to become eligible. The amendment has shut out further, promotion of the non-law graduates promoted as Court Officers. ·

¶5It is contended by Shri. Rao that the present case is squarely covered by the ratio of this Court's recent decision in Kothandaraman's case inasmuch as there is historical background also for what has been provided in the amended Rule - the same being that law degree came to be prescribed for qualification for appoinment for Court Officer only in 1960, before which this qualification was not essential. It has been brought to our notice that in some other High Court of the country, law degree is QOt a prescribed qualification for appointment as Court Officers, who are termed as Bench Clerks in those High Courts.

¶6Keeping in view the aforesaid decision and the salient points of the amended rule noted above, we are of the opinion that the impuged judgment cannot be_ sustained. We, therefore, set aside the sanie and ~phold the validity of the aforesaid Rule.

¶7The appeals are allowed accordingly. No order as to costs. /

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2951 of 1985.

From the Judgment and Order dated 2.4.85 of the Kerala High Court in·O.P. No. 5242of1984-M.

P.P. Rao, K.M.K. Nair and E.M.S. Anam for the Appellants. Seetaramiah, P.K. Manohar, Ms. Shanta Vasudevan and R. Sasiprab-ha, (N.P.) for the Respondents.