IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 W.P(C).No. 23373 of 2008(G) ---------------------------------- PETITIONERS: --------------- 1. KERALA AIDED SCHOOL NON-TEACHING STAFF ASSOCIATION, STATE COMMITTEE, REPRESENTED BY ITS GENERAL SECRETARY SRI.V.I.JOY. 2. RAJI T.S., FULL TIME MENIAL, R.V. UNION HIGH SCHOOL, CHERAI. 3. VINOD T.V. FULL TIME MENIAL, SANTHINIKETAN HIGHER SECONDARY SCHOOL, THIRUVALLUR, VATAKARA. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SMT.TULASI PANICKER SRI.K.T.THOMAS RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARY ANNEXE,THIRUVANANTHAPURAM. BY GOVT. PLEADER, SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 23373 OF 2008 G = = = = = = = = = = = = = = = = = Dated this the 18th day of September 2008 J U D G M E N T In this writ petition what is under challenge is Ext. P3. Petitioners are also seeking a declaration that the non-teaching staff working in the aided schools are entitled to the benefit of the reduced teacher student ratio of 1:40 granted to the teachers in aided schools. 2. In my view, non-teaching staff, whom the petitioners are representing and the teaching staff working in the aided schools are belonging to different classes of employees and the service conditions of one class cannot be compared with the service conditions that are available to others. Article 14, the benefit of which is sought by the petitioners, do not prohibit classification, but only prohibits discrimination. To successfully set up a case of discrimination, both set of employees should belong to the same class of employees. W.P.(C) No. 23373 OF 2008 -2- 3. In my view, non-teaching staff and the teaching staff belong to different classes of employees and therefore one cannot complain of discrimination comparing itself with employees belonging to the other class. In that view of the matter, I do not find any justification in the plea of the petitioners that they should be given parity with the conditions that are applicable to the teaching staff. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE jan/-