within a period of five years. The permission granted by the department under order dated 28-3-2006, albeit referred to permission for the academic year 2005-2006, would also relate to the next year in the circumstances wholistically construed. It has been submitted that the petitioner had however by way of abundant caution also sought permission under an application to the Chief Engineer to write the examination in the remainder 3 of 5 papers in the Secondary Examination in the year 2006-2007. No response emanated thereon, but permission sought was also not denied. Counsel submitted that the petitioner having passed the remainder 3 of 5 papers in the year 2006-2007, his result would relate to registration in the Secondary Open School Examination, 20052006, for which permission had been granted by the department. It has been submitted that at the time when permission was granted for writing the secondary open school examination, in 2005-2006, the petitioner was less than 45 years of age. And therefore in terms of department's circular dated 16-5-2001, the petitioner then being less than 45 years of age ought to be treated eligible for having the fact of his passing of secondary open school examination recorded in his service book and entitled for all consequential benefits. Alternatively it has been submitted that the condition of maximum age of 45 years, for acquiring any additional education by an employee is wholly arbitrary, as it has no nexus with the object
