Kurian Joseph, J

Rule 39 Part II of the Kerala State and Subordinate Service Rules provides for certain situations where the Government is empowered to relax the rigour of any rules, if it is required in the interests of justice and equity. (1) If pass in an examination prescribed under the Special Rules is mandatory for confirmation in service and in case such examination was never conducted, is it a just and equitable cause to invoke the Rule granting exemption? (2) Could the same be exercised giving confirmation retrospectively and is it mandatory that notice is issued to the affected parties?

2. Petitioners are presently holding the post of Superintendent of Police (non IPS). They are aggrieved since respondents 3 to 6 are exempted from passing the prescribed test and also in declaring their probation retrospectively. The impugned orders are Exts.P6 and P7. At the outset two things are to be noted: (1) the case is contested only by respondents 3 and 6, among the contesting party respondents. It is submitted on their behalf that the affidavits filed by them in support of the application for vacating the interim order of stay can be treated as their counter affidavit fo