Law:

Section:

(a) Interpretation of Rules-Analogous to interpretation bf statutes--Finding out intention of rule-malting authority-When necessary-Interpretation of Rules by Government over, a long period in the past may be considered.Held, that if the language of the Rules is clear it will not be permissible to interpret them in the light of what might be presumed to have been the intention of the rule-making authority, because, just as in the case of statutes, it is to -be presumed that the intention was no other than that clearly expressed by the language of the Rules. If, however, more than one interpretation is reasonably possible, one may have to gather the meaning of a rule by trying to find out what the intention of the rule-making authority was. It is also clear that if a particular interpretation has been placed on the Rules in the past by authorities who had to apply them to cases as they arose, the Court should be reluctant to place a different interpretation unless it came to the conclusion that the interpretation placed by Government for a long time was so palpably wrong that by upholding it the Court would be countenancing the perpetuation of an injustice which had been perpetrated and paving the way for similar injustices in the future.(b) Writ petition-Parties-Person not parties to petition but who may be of affected by decision may be allowed to address Court.(c) Indian Police Service (Regulation of Seniority) Rules,rr. 3, 4---Rule 3 is applicable to questions of seniority of promoted officers among themselves-Rule 4 not a proviso to r. 3 -Provision not described as a proviso can be held to be a proviso only if it can be shown that it governs another provision.Held, that rule 3 of the Indian Police Service (Regulation of Seniority) Rules applies to the question of determination of seniority of promoted officers inter se.Further, that rule 4 is not a proviso to rule 3.While it is not necessary that before a Court can use a provision in a statute or rules as a proviso to another occurring in that statute or in those rules, the former should be mentioned as a proviso to the latter, before a provision not described as a proviso to another is held to be that, it…