224 , 1976 LabIC395 , 1976 LabIC395 , (1976 )I LLJ376 SC , (1976 )2 SCC310 , [1976 ]1 SCR906 , 1976 (1 )SLR805 (SC ), ,MANU/SC/0479/1975
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MANU/SC/0479/1975
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 1160 of 1974
Decided On: 19.09.1975
Appellants: State of Kerala and Ors. Vs. Respondent: N.M. Thomas and Ors.
Hon'ble Judges/Coram:
A.N. Ray, C.J., A.C. Gupta, H.R. Khanna, K.K. Mathew, M. Hameedullah Beg, S. Murtaza Fazal Ali and V.R. Krishna Iyer JUDGMENT
1. This appeal is by certificate from the judgment dated 19 April, 1974 of the High Court of Kerala.
2. This appeal concerns the validity of Rule 13AA of the Kerala State and Subordinate Services Rules, 1958 hereinafter called the Rules and two orders which are marked P-2 and P-6.
3. In order to appreciate Rule 13AA, it is necessary to refer to Rules 12, 13A, 13AA. These rules were framed in exercise of the powers conferred by the proviso to Article 309 of the Constitution. These rules came into existence on 17 December, 1958.
4. "Promotion" is defined in Rule 2(11) to mean the appointment of a member of any category or grade of a service or a class of service to a higher category or grade of such service or class.
5. Rule 12 states that where general educational qualifications, special qualifications or special tests are prescribed by the