State of Kerala v. N.M. Thomas
India Supreme Court
1 S.C.R. 906, A.I.R. 1976 S.C. 490 (1976)
- Written by Nathan Herkamp, JD
Facts
N. M. Thomas (plaintiff) was a lower-division clerk in the Registration Department of the Indian state of Kerala. Lower-division clerks were required to pass an examination prior to receiving a promotion to the upper division. In order to encourage the promotion of more members of the scheduled castes and tribes, the State of Kerala passed Rule 13AA, which allowed individuals of the scheduled castes and tribes to be promoted without passing the examination. Individuals who were promoted without passing the examination were still required to pass the examination within two years of receiving the promotion. Thomas, who was not a member of a scheduled caste or tribe, took and passed the examination. Thomas was not promoted. Other lower-division clerks who had not passed the examination were promoted. Thomas petitioned the Division Bench of the Kerala High Court for a determination that Rule 13AA violated articles 16(1), 16(2), and 335 of the Indian constitution. Article 16(1) guaranteed equal opportunity to all citizens. Article 16(4) allowed the government to reserve some economic opportunities for the so-called backward classes, or scheduled castes and tribes. Article 335 required that claims of the scheduled castes and tribes be taken into account in making employment offers to citizens. The Division Bench of the Kerala High Court determined that the promotion of clerks who had not passed the examinations violated each of the articles and undermined the constitutionally mandated efficiency of government administration. The State of Kerala appealed the ruling.
Rule of Law
Issue
Holding and Reasoning (Ray, C.J.)
Concurrence (Krishna Iyer, J.)
Concurrence (Mathew, J.)
Dissent (Khanna, J.)
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