K. Vinod Chandran, J.

1. The petitioner was appointed as a Lower Primary School Assistant [for brevity "LPSA"] with effect from 19.10.1990. The petitioner has passed Account Test [Lower] and Test in Kerala Education Act and Rules, conducted by the Public Service Commission, which enables him to aspire for the post of Headmaster as provided under Rule 45B of Chapter XIV-A KER. The allegation in the writ petition is that, overlooking his claim the 4th respondent, who is not test qualified, was promoted on the basis of seniority only on the ground that the 4th respondent has crossed 50 years of age.

2. The contention raised by the petitioner's counsel is that the exemption granted under sub-rule (4) of Rule 45B is only for teachers who crossed 50 years of age as on the date of introduction of that provision. This is especially so, since the word used is "have" and there is introduced another provision at Rule 45BB, which makes sub-rule (4) of Rule 45B redundant. Even going by sub-rules (3) and (4) of Rule 45B, the Government grants temporary exemption to those who have crossed 50 years of age and a particular period of service as to enable them to qualify the test. The content