1. Our learned brother Kochu Thommen J. referred this Original Petition for hearing by a Division Bench in view of conflicting decisions on the point agitated in the Original Petition. The decisions referred to are those in OP. 2979 of 1976 and Mariakutty v. Municipal Commissioner, 1975 (1) SLR. 188.

2. The controversy in the Original Petition concerns appointment to the post of Section Officer in the Legislature Secretariat in accordance with the Special Recruitment scheme under R 17A of the Kerala State and Subordinate Services Rules. It is said that two vacancies to be filled up by way of special recruitment of Section Officers from among Scheduled Castes and Scheduled Tribes were reported to the Public Service Commission. The petitioner is a member of the Scheduled Tribe, being a Mala Araya. He is a graduate. He applied for the post. In the rank list prepared by the Public Service Commission the petitioner ranked as No 2 in the list of Scheduled Tribes No. 1 was one K. M. Mary. The appointment of candidates from among Scheduled Castes and Scheduled Tribes is governed by Ext. P2, G. O. (P) 397/76/PD dated 18-11-1976. Clause.3(l)(b) of that order envisages the reservat