ORDER

Leave granted. We have heard learned counsel for the parties.

2. This appeal by special leave arises from the judgment of the High Court of Kerala, made on 25.7.1996 in Writ Appeal No. 997/96.

3. The admitted facts are the two posts of Lecturers in Physical Education were advertised for recruitment in the year 1988 through the Public Service Commission. Written Test and oral interviews were conducted in the year 1992 and the Select List, a long list of 10 candidates was prepared by the Public Service Commission; the appellant stood at No. 10 in the said list. Two other candidates selected have already been appointed. Since there often exist some vacancies, the appellant, one of the selected candidates, made a representation to appoint him. That was rejected on the ground that pursuant to the amendment to the Kerala Collegiate Education Service Special Rules, 1994, which came into force with retrospective effect from March 13, 1990, higher qualifications were prescribed and since the appellant did not fulfill the requisite qualification, he was not eligible and could not be appointed. When the appellant filed writ petition, the single Judge and on appeal the Division Bench of