J.B. Koshy, J. - (1.) The short question to be considered in these Writ Petitions is whether the ratio of 1:1 fixed between diploma holders and certificate holders for promotion to the post of Head Computer in the computing branch of the Government Presses governed by the Government Press Subordinate Service Rules, 1976 is correct or not. Petitioner in O.P. No. 16867 of 1995 is a diploma holder in Printing Technology. Petitioners in O.P. Nos. 12952 and 17419 of 1995 are certificate holders. All petitioners were working in the same feeder category of Computing Supervisor. According to the special rules issued vide G.O.(P) No. 327/76/PD dated 22.9.1976, qualification of diploma in Printing Technology was prescribed as one of the essential qualifications for supervisory posts like General Foreman, Head Computer etc. Thereafter, there were several representations in order to minimise the hardships of the non diploma holders who were in service. Government, subsequently, amended the Special Rules with effect from 30.1.1978 as per G.O. (P) No. 100/80/H.Edn. dated 1.7.1980 by substituting the following Note: "Promotion of persons qualified under item 2(a) and 2(b) above shall be made in the ratio 1:1 starting with promotion of persons qualified under item 2(a). If no person qualified under item 2(a) is available for promotion, the turn of promotion will be given to the person qualified under item 2(b) and vice versa: Provided that no senior diploma holder shall be superseded by a junior certificate holder: Provided further that the benefit of ratio of 1:1 forfeited by the certificate holder by virtue of the promotion of the senior diploma holder shall be restored to the certificate holder in the next arising vacancy." According to the certificate holders, since they were working in the same feeder category and discharging the same functions, they should be treated alike with diploma holders. Contention of the petitioner in O.P. No. 16867 of 1995, who is a diploma holder, is that appointment should be made strictly according to the Special Rules as amended.
(2.) The sole question to be considered is whether fixation of ratio of 1:1 for promotion to higher posts between diploma holders and certificate holders is constitutionally valid or not. In Daniel v. State of Kerala ( 1985 KLT 1057 ) and in the unreported decision in W.A. No.149 of 1990 dated 14.1.1992 (Ext. P4 in O.P. No.12952 of 1995) held that the ratio of 1:1 between diploma holders and certificate holders in the Government Press Subordinate Service for promotion is unconstitutional. In Daniels's case (supra) the Division Bench held that classification cannot be made on microscopic distinction and, therefore, the very same provisions alleged in this case was said to be unconstitutional. In Ravindran v. State of Kerala ( 1992 (1) KLT 524 ) a Division Bench of this Court held that the Note made by the amendment in 1980 providing a ratio of 1:1 for promotion between diploma holders and certificate holders is not discriminatory or violative of Art.14 and 16 of the Constitution of India. The Court considered the decision in Daniel's case (supra). But, it was not followed. M. Jagannadha Rao, Chief Justice (as he then was) considered Daniel's case and observed as follows: "Learned Counsel for the writ petitioner has relied upon a decision of a Division Bench of this Court in Daniel v. State of Kerala (1985 KLT 1057). That was also a case relating to the Government Presses Subordinate Service Rules, 1976 (Kerala) and that related to Note to Branch Nos. 1 and 9, whereas in the case before us we are concerned with Branch No. 10. In that case, the prescription of ratio 1:1 was struck down by the Division Bench of this Court in so far as Branches 1 and 9 are concerned, and the relevant Note appended to rules in relation to Branches 1 and 9 was struck down. We do not find much of discussion in the short Judgment of the Division Bench in the above case, and we find only the following reasoning: In the light of the decisions of the Supreme Court in AIR 1974 SC 1 , AIR 1974 SC 1631 , 1983 KLT 987 , 1983 KLT 878 , DLR 1981 (2) Ker. 527 and 1975 KLT 1 , we have no doubt at all that this classification on microscopic distinction could not be allowed. We would therefore strike down the notes to Branch Nos. 1 and 9 named in Ext. P2." So far as the decision in State of Jammu & Kashmir v. Triloki Nath Khosa (AIR 1974 SC 1) is concerned relied on in Daniel's case, we find that that could not have been an authority for the proposition that no classification could be made for further promotion on the basis of the difference in educational qualification. In fact the said decision is an authority for the proposition that difference in educational qualification could be a ground for classification in the matter of future promotion. After referring to several decisions, the Supreme Court concluded in paragraph 55 as follows: "We are therefore of the opinion that though persons appointed directly and by promotion were integrated into a common class of Assistant Engineers, they could; for purposes of promotion to the cadre of Executive Engineers, be classified on the basis of educational qualifications. The rule providing that graduates shall be eligible for such promotion to the exclusion of diploma holders does not violate Art.14 and 16 of the Constitution and must be upheld." In the unreported decision in Writ Appeal No. 149 of 1990, the Court only followed Daniel's case.
(3.) In Balakrishnan v. State of Kerala ( 1990 (1) KLT 66 ) a Division Bench of this Court considered various cases of the Supreme Court and held in a case relating to Engineering Service (Radio and Electrical Branches) Rules, 1967 that the ratio of 1:1 was provided between graduates and non graduates Assistant Engineers for further promotion after they had come into a common cadre. The Division Bench upheld the said ratio as the question is no more res integra in view of the decision of the Supreme Court in State of J & K v. T.N. Khosa (AIR 1974 SC 1). The matter was considered by the Apex Court in subsequent decisions also. After reviewing all the case law, the Supreme Court in Rajasthan State Electricity Board Accountants Association, Jaipur v. Rajasthan State Electricity Board and Another ( 1997 (3) SCC 103 ) held that educational qualification can be made for the basis of classification of employees. The Court also referred to the decisions in State of Mysore v. P. Narasing Rao ( AIR 1968 SC 349 ) and in V. Markendeya v. State of A.P. ( 1989 (3) SCC 191 ). In paragraph 9 of Rajasthan's case (supra), the Supreme Court held as follows: "As per the decisions of this Court the position is well settled that educational qualifications can be made the basis for classification of employees in State service in the matter of pay scales, promotion etc. Provisions for giving higher pay scale to employees possessing higher qualifications have been upheld as valid by this Court. (See: State of Mysore v. P. Narasing Rao (AIR 1968 SC 349) and V. Markendeya v. State of AP. (1989 (3) SCC 191). Similarly in the matter of promotion classification on the basis of educational qualifications so as to deny eligibility for promotion to a higher post to an employee possessing lesser qualification or requiring longer experience for those possessing lesser qualifications has been upheld as valid by this Court.";