JUDGMENT :

Kurian Joseph, J.

What is equity and justice in a situation where a few employees face adverse consequences for not passing an obligatory test which was never conducted, is the short question arising for consideration in this case.

2. In a special recruitment, thirty-seven Assistant Sub-Inspectors belonging to the Scheduled Caste/Scheduled Tribe community were appointed by the Government of Kerala during 1988. It is the requirement of the Special Rule that they should pass the special test conducted by the Kerala Public Service Commission for declaration of probation. Rule 9 of the Special Rules, to the extent relevant, reads as follows:

"9. TEST-

(a) Every person appointed under these rules shall, pass the test on the subjects mentioned in Annexure III to these rules at or before the fifth of such tests held after such appointment the maximum number of chances shall be limited to three.

Note: The examination will generally be conducted half-yearly by the Kerala Public Service Commission."

3. For over twelve years, the test was not conducted by the Commission. In the meanwhile, those Assistant Sub-Inspectors approached the High Court and obtained orders for provisional promotio