Koshy, J.

Common question to be considered in these cases is whether Public Service Commission can prescribe cut off marks and shortlist the candidates in the absence of such a provision in the Rule and notification. The learned single Judge noticed that in view of the decision of the Supreme Court in State of Punjab and others v. Manjit Singh and Others (AIR 2003 SC 4580), it is not open for the PSC to prescribe any cut off mark. The learned Judge also noticed that Division Bench of this Court in Indulekha v. State of Kerala (2001 (1) KLT 651) has approved the stand of the PSC that it has power to fix cut off marks. The learned Judge was of the view that after the decision of the Supreme court in Manjit Singh’s case, earlier decision of this Court may not be good law. Hence, the matter was referred to the Division Bench.

2. Before answering the question, we may refer to the facts in W.P.(C).No.10751 of 2004. Petitioners, two in number, applied in pursuance of the notification issued by the Public Service commission for the post of Medical Officers in Homeopathy Department. They fully possessed educational qualification and other criteria as per the notification. Therefor