Koshy, J.

Doubting the correctness of the decision in Public Service Commission v. Ramesan (2005 (4) KLT 466) these cases were referred to the Full Bench. The petitioners in these writ petitions are employees in the Primary Co-operative Societies affiliated to the District Co-operative Societies. We are referring to the exhibits produced in W.P.(C)No.20776/2006 for convenient sake unless otherwise specifically mentioned. By inserting Section 3A to Section 80 of the Kerala Co-operative Societies Act (in short ‘KCS Act') by Act 6 of 1995, the selection of candidates for all 14 District Co-operative Banks in the State were brought under the Public Service Commission (PSC). Under Rule 187, when vacancies are in Apex Society or Central Society, 50% of the vacancies shall be reserved to the employees of Primary Co-operative Societies affiliated to Apex or Central Society. Rule 187 reads as follows:

"187. Vacancies in Apex Society or Central Societies.- Notwithstanding anything contained in rule 186, in appointments to apex societies or central; societies, 50% of the vacancies shall be reserved to the employees of the member societies, of the respective apex society or central society as the case may be, having a minimum regular service of 3 years in any of the cadre and having the required qualification for the notified posts in the apex society or central society."

Petitioners who are employees of Primary Co-operative Societies applied for the post of Clerk/Cashier in various District Co-operative Banks in the State in pursuance of Ext.P1 notification dated 25.4.06 in the in-service quota. The qualification prescribed as per Exhibit P1 notification is Graduation with Diploma in Co-operation. It is the contention of the petitioners that the above prescription of qualification in the notification is contrary to the Rules. The provisions in Chapter XV of Kerala Co-operative Societies Rules (hereinafter referred to as 'KCS Rules') regarding Establishment, Classification of jobs, Recruitment, Promotion, etc. were added to the Rules by S.R.O. No.506/73, effective from 1st January, 1974. The KCS Rules are made by virtue of powers given under Section 109 of the KCS Act. Section 109 reads as follows:

"109. Power to make rules:- (1) The Government may, for the whole or any part of the State and for any class of societies, after previous publication, by notification in the Gazette, make rules (‘either prospectively or retrospectively by) to carry out the purpose of this Act."

Rule 186 and Appendix III provide Classification of Employees, Designation and their Scale of Pay. The basic pay of Junior Assistants starts from Rs.210/-, Cashier stars from Rs.210/-, Clerk Grade I starts from Rs.160/-, Steno Typist starts from Rs.160/- and Clerk Grade II starts from Rs.150/-. As per Rule 186(1) of the Rules, qualification for appointment to all posts other than those requiring technical qualifications, the starting pay of which is Rs.250/- and above, is Degree in Commerce or Masters degree in Arts of a recognised University with Co-operation, whereas in Rule 186 (ii), qualification for appointment to all posts to be filled up by direct recruitment for all Supervisory and Ministerial Officers other than those requiring technical qualifications, the starting pay of which is below Rs.250/-, is SSLC with Junior Diploma in Co-operation. The above Rule was not amended, even though there were subsequent pay revisions and the basic pay also was increased several times. Now, even the basic pay of the lowest paid employee is above Rs.2,500/- and no employee is drawing less than Rs.250/- per month. It is the contention of the petitioners that for appointment in the in-service quota, the only qualification required is S.S.L.C. with J.D.C. with three years' experience for the posts published in Ext.P1 notification as all those posts carry less than Rs.250/= in the prescribed ratio when Rule 186 was framed.

2. By Exhibit P2 dated 15.6.1982, the Registrar clar