M. B. SHAH, J. ( 1 ) THE petitioner was promoted on 30/11/1983 as Sub-Inspector of Prohibition and Excise from the post of Constable. As per Rule 2 of the Rules for the Departmental Examination of the Non-gazetted Prohibition and Excise Officers and Clerks of the Prohibition and Excise Department the petitioner was required to pass the depart- mental examination within the specified chances during the prescribed period. It in an admitted fact that the petitioner appeared in the examination six times and he has failed. ( 2 ) IT is the contention of the learned Advocate for the petitioner that as the petitioner completed 50 years of age in the year 1987 under the proviso to Rule 2 of the Departmental Examination Rules the Government ought to have granted him exemption from appearing in the examination. Mr. Shah learned Advocate for the petitioner further contended that at the time of considering application for granting exemption the Government was required to consider only his service record. As against this Mr. Joshi the learned Assistant Government Pleader appearing on behalf of the respondents pointed out that from 1983 to 1987 within specified beans the petitioner has facade to pass the examination. Thereafter extra chances to appear in the examination were given to the petitioner. He further submitted that the reliance placed upon the proviso to Rule 2 is absolutely misconceived because act the time when the petitioner was prated in the year 1983 be had not completed 50 years of age. ( 3 ) FOR deciding the said controversy it would be necessary to consider Rule 2 of the Departmental Examination Rules and its proviso which reads as under:2 Every person appointed to the clerical and non-gazetted executive service as Inspector or Sub-Inspector of Prohibition and Excise of the Prohibition and Excise Department who has not passed or who has not been exempted from passing either of the examinations prescribed a) for the non-passed Prohibition and Excise Officers and Clerks of the Pre-Re-organization State of Bombay under Government Notification Revenue Department We 6416/39. dated the 20/04/1942 as amended from time to or (b) for the non-gazetted Executive and Clerical service of the Excise Department of the Ex-State of Saurashtra Published under the Notification Finance Department (Excise) No. FD/ex/e8- -1 dated be 6/01/1953 as amended from fire to time shall unless specially exempted by Government be required to pass an examination in the subjects mentioned in Rule 4 within two chances during the we find of 3 years from the date of his promotion or appointment (4 years in the case of Schedule Tribes Scheduled Castes and Other Backward Class persons ). Provided that Government may in deserving cases give one additional chance to appear for the Departmental Examination to a person upto fails to pass the Examination within the period specified in thaws rule on the recommends ations of the Director of Prohibition and Excise No more chances shall be given to any person under any circumstances. Provided further that the persons promoted to the clerical cadre or persons from the clerical cadre or constabulary cadre promoted to the non-gazetted executive area who are above 50 years of age and who are considered eligible for promotion on the basis of their record may be exempted by Government from passing in examination on the recommendation of the Director or Prohibition and Excise note (i) :- The persons from the Ex-State of Saurashtra who have failed to pass the examination prescribed by the rules for the non-gazetted executive and clerical service of the Excise Department of the Ex-State of Saurashtra published under the Notification Finance Department Excise No. F. D. /ex/e8-1/3386 dated the 6/01/1953 inspite of the maximum Permissible chances given to them and who have been debarred from further promotions under the said rules will not be required to appeal and pass the examination under these rules but they will continue to be debarred from further Promotions. Note (ii) :- The persons from the Ex-State of Kutch who wore not regard to any Departmental examination shall not be required to pass this examination. Note (ii) :- The persons from the Ex-State of Kutch who wore not regard to any Departmental examination shall not be required to pass this examination. Note (iii) :- In the case of the person appointed after the formation of the State of Gujarat and period to the date of coming into force of there rules who have not exhausted their chance for passing the examination their come to pass the departmental examination within the prescribed number of year order this rule will be regularised after deducting the number of completed year from the date of their promotion of appointment. Note (iv) :- Being on lease does not exempt any person from appearing of the departmental evaluation and that to appear for such reason will be treated as a failure to pass the examination and he will not be entitled to additional chance under the first proviso to the rule. ( 4 ) RULE 2 in terms provides that those person who have not passed the examination and who have not been exempted from passing either of the examinations prescribed shall unless specifically exempted by the Government be required to pass prescribed examination within two chanced during the period of 3 years from the date of their promotion or appointment or 4 years in asses of Scheduled Tribes Scheduled Caste and other Backward Class persons. The first proviso empowers the Government in desiring cases to give one additional chance to appear for the departmental examination. The second proviso provides that the person promoted to clerical cadre or persons from the clerical cadre or constabulary cadre promoted to non-gazetted executive cadre who are above 50 years of age and who are considered eligible for promotion on the basic of their record may be exempted by the Government from passing the examination on the recommenda- tion of the Director of Prohibition and Excuse. This Rule therefore contemplates that (I) the parsons promoted to clerical cadre of persons from the clerical cadre or constabulary cadre promoted to non-gazetted executive cadre Who are above 50 years of age and (ii) who are considered eligible for promotion on the basis of their record may be exempted by the Government from passing the examination on the recommendation of the Director of Prohibition and Excise. That means it gives discretion to the Government in certain cases to exempt persons who are promoted who are above the age of 50 years and who are considered eligible for promotion at the age of 50 years or above on the basis of their Provoke record. It nowhere provides that the Government can give exemption to those employees who after their promotion complete the age of 50 years or to those employees who have failed in the examination within the prescribed chances during the specified period bus subsequently complete the age of 50 years. Therefore it cannot be said that the petitioner was entitled to get exemption from appearing in the examination as Soon as he completed the age of 50 years in 1987. Admittedly when he was promoted in the year 1983 he was below the age of 50 years. ( 5 ) RULE 3 of the Rules for the Departmental Examination pervades is under :3 In case this a person fails to pass the examination within the number of Chance allowed to his under Rule 2 he shall be revisited of he is a departmental promotee and discharged from Government service if be was appointed by nomination. ( 6 ) HENCE this petition in rejected. Notice discharged. ( 7 ) AT the request of the learned Advocate or the petitioner ad interim relief to to continue for a period of 15 days from today. (KMV) Petition dismissed. .