JUDGMENT:

A.K.MATHUR,J.

1. In all these appeals, identical questions of law are involved, therefore, they are disposed of by this common order. For the convenient disposal of these appeals, the facts given in C.A.No.5663 of 2002 (A. K. Narayanan Kutty & Ors. V. State of Kerala & Ors.) are taken into consideration.

2. The common facts in this batch of petitions is that the Public Service Commission started the process of recruitment of 40 direct recruits to the cadre of Excise Inspectors in the year 1988 and the applications were called for in 1989 and the select list was published on 12.6.1992. Note 3 was added to Rule 5 of the Kerala State and Subordinate Services Rules, 1958 (hereinafter to be referred to as the 'Rules of 1958') on 5.12.1992. Writ petitions were filed claiming that direct recruitment can be made only for 10 posts and not for 40 posts and recruiting 40 persons directly would adversely affect the claim of promotion of the appellants and similarly situated. The writ petitioners claimed that they were entitled to a writ of mandamus directing the respondents to make appointments only in accordance with the ratio fixed under th