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2006 Supreme(Ker) 414

K.P.BALACHANDRAN, K.A.ABDUL GAFOOR
M. Somarajan, Deputy Director – Appellant
Versus
State of Kerala, Represented by Secretary to Government – Respondent


Judgment :-

Abdul Gafoor, J.

Whether the exemption granted by Government to the members of Scheduled Castes/Scheduled Tribes in service by appropriate orders passed, as empowered by Rule 13 AA of the General Rules in the Kerala State and Subordinate Services Rules, 1958 (for short ‘the Rules’) is applicable to the special tests prescribed as essential requirement as per the special rules for appointment to the post of Superintendent of Survey and Records, is the moot question debated in these appeals. The learned single Judge, as per the impugned judgment, held that the orders issued by Government granting test exemption in terms of Rule 13 AA to the members of Scheduled Castes/Scheduled Tribes, will be applicable in respect of the special tests prescribed as well. Therefore, this appeal.

2. It is contended by the appellants that, as per the special rules for the Kerala Survey and Land Records service (Special Rules), no person shall be eligible for appointment as Superintendent of Survey by appointment by transfer, unless he possesses the required test qualification like the Head Surveyor’s test, Account Test Lower and Revenue Test or other equivalent test. Therefore, these are spec









































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