K. MOHAMMAD Vs. DIRECTOR OF AGRICULTURE AND OTHERS

JUDGEMENT

(1.) The only question that arises for decision in is case concerns interpretation of Rule 13A(3)(iii) of the Kerala State and subordinate Services Rules. Rule 13A(3) reads thus :

(2.) The stand taken by the Government is that Rule 13A(3)(iii) will apply only to persons who are of the age of 45 on the date of introduction of the test. The test which the petitioner had to pass having been introduced on 14-1-1963 and the petitioner having been below 45 years of age on that date he would not, according to the State, be entitled to exemption. This is the short question for determination.

(3.) Rule 13A(3))(iii) of the Kerala State and Subordinate Services Rules does not refer to any person 'attaining the age of 45 years', but refers to persons 'of the age of 45 years' The files relating to Ext. P-4 have been produced by the Government Pleader to appraise us of the background of that order. That shows that the Government as well as the Public Service Commission understood clause 3 of Ext. P-4 in the manner stated in the counter-affidavit of the State. The condition was one imposed by the Central Government for granting its approval under the proviso to subsection (7) of Sec. 115 of the States Re-Organisation Act. We cannot find that the interpretation of the rule in the manner indicated by the State is in any way wrong. Such interpretation being possible, it is not open to this Court to give a different interpretation is proceedings under Art. 226. Therefore the petitioner cannot succeed in his contention in the original petition.