In Brief
The case concerns 37 Assistant Sub-Inspectors from Scheduled Caste/Tribe communities appointed in 1988, who were required to pass a test under special recruitment rules for probation declaration. The test was never conducted for over 12 years. The government exempted them from the test requirement invoking Rule 39 of the Kerala State and Subordinate Services Rules. The Court held that Rule 39's residuary power to ensure justice and equity overrides specific prohibitions like Rule 13AA. Where government inaction deprived employees of an opportunity to satisfy an obligatory requirement, exemption is equitable and justified. The appeal challenging this exemption was dismissed.
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