In Brief
The Supreme Court upheld the Kerala Government's order exempting 37 Assistant Sub-Inspectors belonging to Scheduled Castes and Scheduled Tribes from passing a mandatory test after the Government itself failed to conduct the test for over 12 years. The Court held that Rule 39 of the Kerala State and Subordinate Services Rules—a residuary equity power—operates notwithstanding restrictions in other rules. After 12 years of service and provisional promotions to higher posts, insisting these employees still pass the test was unjust and illogical. Equity shall overpower legal technicality where justice is at stake. The appeal was dismissed; the Government's action was justified and non-arbitrary."
The lawyer headnote and full judgment text are available to registered users.