The main legal point established is that when there is a conflict between special rules and general rules, the special rules prevail. The judgment reaffirms the principle that specific provisions take precedence over general provisions in the interpretation of legal requirements.

1. This appeal is directed against the judgment of the learned single judge dismissing O.P. No. 7879/86. The appellants hold the post of Upper Division Clerks in the Weights and Measures Department of the Kerala State. They are aspiring for promotion to the post of Divisional Inspectors. Though the U. D. Clerks cadre is a feeder category for promotion to the post of Divisional Inspectors of Weights and Measures under the Kerala Weights and Measures Subordinate Service Rules, as they do not possess the educational qualification prescribed viz, of graduation, their case for promotion has not been considered. Non consideration of their case is consistent with the clarification made in Ext. P1 dated 2-9-1986 issued by the Under Secretary to the Government which states that in future U. D. Clerks of Weights and Measures Department who are having basic qualification of graduation alone need be promoted and appointed as Inspectors (W & M) in accordance with the ratio as laid down in the Special Rules. The learned Single Judge after examining the relevant rules governing prescription of qualifications for the post of Divisional Inspectors has come to the conclusion that even U. D. Clerks who are in the feeder ategory have to possess the educational qualification of graduation prescribed by the rules for earning eligibility for promotion to the cadre of Divisional Inspectors. It is the said decision that is challenged in this appeal.

2. It was submitted by the learned counsel for the appellants that under the Special Rules for the Kerala Weights and Measures Subordinate Service Rules, 1967 issued under sub-s. (1) of S.2 of the Public Services Act 1968, though graduation was prescribed as one of the qualifications for promotion, an exception was made to the effect that those in the feeder category of U. D. Clerks are exempt from possessing the graduation qualification for promotion to the cadre of Divisional Inspectors. The. special rules made in the year 1967 stood superceded by fresh rules made under sub-s. (1) of S.2 of the Kerala Public Services Act 1968 called the Kerala Weights and Measures Subordinate Service Rules, 1978 published in the gazette dated 23rd May 1978. The relevant rule prescribing qualifications for the post of Divisional Inspectors of Weights and Measures, contained in R.3 of the said rules reads as follows:

By subsequent amendment the figures V and 'ii' in column No. 3 were deleted. The explanatory note to the said amendment states that the numbering of the two qualifications would suggest that for direct recruitment to the post of Divisional Inspectors, Account Test (Lower) is also one of the qualifications prescribed, though that was not the intention of the rule making authority. It is further stated that the intention of the Government was to prescribe graduation qualification alone for direct recruitment to the post of Divisional Inspectors. It is further stated that Account Test (Lower) is not intended as a qualification for direct recruitment to the post of Divisional Inspectors and that Account test (Lower) is prescribed as a qualification for the second method of appointment viz., by promotion transfer of Technical Assistants and Upper Division Clerks. In the light of this amendment it is contended By the learned counsel for the appellants that under the Kerala Weights and Measures Subordinate Service Rules, 1978, Account Test (Lower) is the only qualification prescribed for those in the feeder category for Divisional Inspectors and that graduation qualification is prescribed only for filling up of those posts by direct recruitment. This argument is primarily based on the location of the two qualifications in column No. 3 of these rules. It was pointed out that whereas the educational qualification of graduation finds printed just opposite to the words "50% by direct recruitment", the qualification of Account Test (Lower) printed in column No. 3 is against the filling up of "50% of posts by pro