IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, Easwaran S., JJ
Shiny Leon – Appellant
Versus
State Of Kerala – Respondent
OP(KAT) NO. 158 OF 2026
| Table of Content |
|---|
| 1. submission of arguments regarding conflict between ugc regulations and special government service rules. (Para 1 , 2 , 3 , 4) |
| 2. judicial restraint and requirement for the primary tribunal to decide substantive legal questions. (Para 5 , 6 , 7) |
Devan Ramachandran , J.
The petitioner assails the order of the learned Kerala Administrative Tribunal (for short, 'Tribunal') - producing it as Ext.P6, whereby, she has been refused an interim order in OA No.99/2026, to take part in the examination consequent to Annexure A2 notification, scheduled tomorrow (09.05.2026).
2. Sri.George Poonthottam, learned senior counsel, instructed by Smt.Nisha George – appearing for the petitioner, argued that Annexures A3 and A4, as also the applicable Regulations of the University Grants Commission (UGC), render it ineluctable that the upper age limit for applying for the examination, pursuant to Annexure A2, is 50 and not 41. However, to a pointed question from this Court, he conceded that, as per the Special Rules applicable, the age limit continues to be 41; nevertheless, impelling an argument reiterating that, when the UGC Regulations say otherwise, the same will have an overriding effect over the said Rules.
3. Sri.P.C.Sasidharan – learned standing counsel for the KPSC, in response, submitted that the above contentions are wholly untenable because, the special Rules still remain without amendment and stipulate the maximum age limit to be 41. He added that, for such reason, the application of the petitioner has not been accepted.
4. The afore contentions were adopted by Smt.Vidya Kuriakose - learned senior Government Pleader also.
5. It is indubitable that the issues now projected before us are matters which will have to be first decided by the learned Tribunal. We say so because, the contentions are alternative in nature; namely, that the benefits given in Annexures A3 and A4 should apply to the petitioner also; or that the UGC Regulations would override the Special Rules.
6. As regards Annexures A3 and A4, prima facie, we cannot find the same to be applicable to categories of persons who have applied under Annexure A2; while, the question whether the UGC Regulations would override the Special Rules, is one which will require to be heard and decided by the learned Tribunal itself.
7. For the afore reason, we cannot intervene; though we clarify that any relief that may be available to the petitioner in law, including with respect to the examinations, are left open to be impelled by them before the learned Tribunal.
This Original Petition is thus disposed of.
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