The legality of rule 13a of kerala state subordinate services rules was contested in this instance on the grounds that it violated Articles 46 and 335, as well as Articles 16(1) and 16(4). The expansion of the time frame for scheduled castes and scheduled tribes members to take promotional tests in the Kerala State Services has been challenged.
state of kerala vs nm Thomas Case Facts
- The Kerala State Subordinate Services are involved in this matter. According to rule 13a of kerala state subordinate services rules, 1958, an individual cannot be appointed to a service or post unless they meet the specific requirements and have successfully completed the special tests that may be outlined in the specific Rules.
- In order to advance from the lower division clerk position to the upper division clerk position, the government mandated that employees complete special departmental tests. A much later adopted rule, rule 13a of kerala state subordinate services rules, provided a two-year conditional exemption from completing departmental examinations.
- On January 13, 1972, rule 13a of kerala state subordinate services rules was enacted, granting employees from scheduled castes and scheduled tribes an additional two years to stand for departmental tests.
- Respondent No. 1 passed every test by November 2, 1971, based on the case’s circumstances. Even though they failed the aforementioned examinations, the other respondents, who belong to scheduled castes and tribes and were also lower division clerks employed by the State’s Registration Department, were promoted to upper division clerk positions.
- Even though Respondent No. 1 completed the necessary tests, he was not given a promotion. Thirty-four out of the fifty lower division clerks who were promoted to upper division clerks in 1972 were members of scheduled castes or scheduled tribes.
state of kerala vs nm Thomas Issues
- Whether the challenged Rule, which grants employees from SC and ST temporary exemptions from taking the necessary tests, violates the Constitution’s guarantee of equal opportunity in public employment. Does it apply to the other particular orders and rules that provide similar exemptions?
- Does article 16 of the constitution apply to the categorization of employees who are classified as SC or ST and who are granted temporary exemptions from passing the aforementioned tests?
- Does the Constitution’s equality clause require a revision in interpretation?
- Is it necessary to review the provisions of Articles 16, 46, and 335 of the Indian Constitution?
- Is it appropriate to regard Article 46 of the Constitution even in cases where the courts cannot enforce it?
Contentions by the Parties
Petitioner:
- The appellant’s attorney contended that the 51 promotions listed above were granted pursuant to a government circular dated January 13, 1972, based on seniority combined with merit.
- Due to their older status, members of Scheduled Castes and Scheduled Tribes received a bigger share. 34 of the 51 Lower Division Clerks who were promoted after the order dated January 13, 1972, belonged to the scheduled castes and scheduled tribes.
- The departmental tests were temporarily waived for these 34 individuals. Additionally, it seems that the 34 Scheduled Caste and Scheduled Tribe members have risen to the top of the lower cadre in terms of seniority. Furthermore, it declared that Article 14 is put into effect by article 16(1). Articles 14 and 16(1) both allow for reasonable classification that is related to the goals that need to be met.
- Rule 13AA does not contradict Article 16 because there is room for a reasonable classification of employees in matters pertaining to employment or appointment under Article 16. The State argues that in addition to being legitimate and lawful, the contested rules and orders also provide evidence for a reasonable classification under article 16(1).
Respondent:
- According to the respondent’s attorney, article 16(1) is unchangeable since it ensures that everyone has the right to employment and appointment. All topics pertaining to work, including those pertaining to both before and after admission, are covered by article 16(1) as well.
- Appointment, promotion, termination of employment, and payment of pension and gratuity are all subject to equal opportunity.
- Furthermore, he argued that Article 16(1) only has one exception, which is Article 16(4). The Kerala State Subordinate Services Rules, 1958’s Rule 13AA ought to be ruled unlawful since it contravenes article 16(1).
state of kerala vs nm Thomas Judgment
In a landmark decision, the Supreme Court maintained the legitimacy of reservations in promotions for members of scheduled castes and scheduled tribes.
- By a majority of 6 to 1, the Court determined that Rule 13AA was constitutionally permissible. Part of the broader idea of equality is the concept of equality of opportunity.
- The Court ruled that reservations may be introduced in promotions to guarantee sufficient representation of Scheduled Castes and Scheduled Tribes in public services, and that Article 16(4) is an exception to article 16(1).
- It decided that while promotions are intended to level the playing field for historically underprivileged communities, they do not contravene the principle of equality of opportunity.
- The ruling highlighted the necessity of affirmative action policies, such as reserves for promotions, in order to address social and economic imbalances and attain substantive equality.
The current case emphasizes the need for a thorough examination of the Constitution’s equality guarantees with a particular focus on public employment. Equality is much more than just doing away with prejudice. It encompasses equitable growth and social fairness. It is false to view the benefits accorded to the backward classes and the provision of equal rights to all Indian citizens as mutually exclusive.
With the goal of giving students the best coaching available for law entrance exams including the CLAT, AILET, and various other numerous state judiciary exams, Jyoti Judiciary Coaching, India’s Finest educational Platform, was established. Come enrol now with Jyoti Judiciary!
For any latest news, legal topics, judiciary exams notifications, patterns, etc watch Jyoti Judiciary’s YouTube channel for legal videos for any updates at https://youtube.com/@jyotijudiciarycoaching4852?si=2cwubh9d2A9urwJf
