C.S. Rajan, J.

The petitioners are Excise Guards in Alappuzha Revenue District. They are SSLC holders. According to them they had passed the prescribed test for promotion to the post of Preventive Officers. Thus they became fully qualified for promotion as Excise Preventive Officers. The promotion to the post of Excise Preventive Officers is governed by the provisions contained in the Special Rules for the Kerala Excise and Prohibition Subordinate Service. Excise Preventive Officers are included in category No. 2 under R.1 of the above Rules. Category No. 3 is Excise Guards. The method of appointment to the category of Excise Preventive Officers is laid down in R.2, which reads as follows:

"Excise Preventive Officers:

1. Direct recruitment.

2. Promotion from category 3. Provided that every fourth vacancy shall be filled or reserved to be filled by direct recruitment. Provided further that the remaining vacancies shall be filled by promotion from among Excise Guards possessing the minimum qualification of SSLC standard and those who do not possess this qualification in the ratio of 1:1."

2. The Government introduced Note (3) to R.5 of K.S.&S.S.R. Part II as per notification d