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