JUDGMENT

S.c. Agrawal, J.

I. These appeals by special leave raise common questions relating to promotion of Constables as Head Constables in the police force of the State of Kerala.

2. The aforesaid promotion is made from a select list of Constables who have qualified in the promotion test. These select lists are prepared districtwise. In the Kerala State and Subordinate Service Rules, 1958 (hereinafter referred to as the State and Subordinate Service Rules) the following provisions are made with regard to promotion:

"Rule 28(bb). Promotion which depends upon the passing of any examination.:- Promotion in a service or class which depends upon the passing of any examination (General or Departmental) shall ordinarily be made with reference to the conditions existing at the time of occurrence of the vacancies and not with reference to those at the time when the question of promotion is taken up".

"Rule 28(b)(I 0). The claims of a person who qualifies himself for a post, after the select list in respect of that post has been prepared but before the date of occurrence of the vacancy in the higher post shall not be overlooked."

3. In 1960 the Kerala State Legislature enacted the Kerala P