The central legal point established in the judgment is that members of the Kerala Municipal Common Service are holding posts in the civil service of the State and are entitled to be treated as Government servants.

The short question that arises for consideration is whether a member of the Municipal Common Service is entitled to be considered as a Government servant.

2. The bare facts germane for decision are as follows: Petitioner is an Upper Division Clerk working in the Corporation of Kochi. The post of Upper Division Clerk is borne on the Municipal Common Service. Petitioner applied for admission to the Part-time LL.B. Course (Evening) for the academic year 1990-91. There are altogether 100 seats for the said course in the Government Law College, Ernakulam. 30 % of the seats is reserved for State Government employees. The seats in that quota is further divided among science graduates and non-science graduates in the ratio of 1:1. Petitioner being a graduate in Commerce is entitled to be considered for a seat in the quota set apart for non-science graduates among the State Government employees. The Principal published a select list of eligible candidates for admission to the course. Petitioner having acquired 59.5 % marks in the B.Com. Examination was, it is alleged, entitled to be ranked No.2 in the open merit quota. But his name did not find a place in the list. On enquiry he was told that he, being a member of the Municipal Common Service is not entitled to be considered for the seat set apart for the State Government employees. The stand taken by the Principal was that the members of the Municipal Common Service cannot claim the seat in the 30% quota set apart for the Government employees even-though the employees of the High Court, Public Service Commission and members of the Panchayat Common Service are entitled to be considered for the seat. This stand taken by the Principal is under challenge. Petitioner has, therefore, approached this court inter alia praying for the issuance of a writ of mandamus directing respondents 1 to 3 to admit him to the First Year Part-time LL.B. Course (Evening) for the academic year 1990-91 in the merit quota set apart for the Government employees.

3. Notices of this petition were served on the Principal and fourth respondent, who got admission to the course in the seat set apart for Government employees and who secured the lowest marks among the candidates of that category, by special messenger. They have not cared to file any counter affidavit. Learned Government Pleader advances arguments supporting the stand taken by the Principal. Learned Government Pleader referred to the definition of 'Government Servant' given in the Kerala Civil Services (Classification, Control and appeal) Rules, 1960. It is in the following terms:

"Government Servant means a person who is a member of a service, State or Subordinate, or who holds a civil post under the Kerala Government and includes any such person on foreign service or whose services are temporarily placed at the disposal of any other Government - Central or State - or a local or other authority and also any person in the service of any other Government - Central or State-or a local authority whose services are temporarily placed at the disposal of the Kerala Government."

As per this definition a person to be termed as Government Servant should belong to State Service or Subordinate service under the Government. The term may take in those who are in Foreign Service or those whose services are temporarily placed at the disposal of other Government or local authority or other authority. Those employees of the Central Government or of local authorities whose services are temporarily placed at the disposal of the Government of Kerala will also come under the category of 'Government servant'. Apart from these types of officers, it is contended, none can come within the category of 'Government Servant'. Petitioner is a member of the Municipal Common Service. That service is not part of State service or subordinate service under the State. Members of the Municipal Common service are not paid by the Government from its revenue. Benefits like Pay Revision