Koshy, J.

Appellants in these cases applied for the post of Surveyor Grade II in pursuance to Ext.P1 notification. Qualifications prescribed in the Special Rules for the post are the following:

"(1) A pass in S.S.L.C. examination or possession of any of the other equivalent qualification specified in the schedule to Part II of the General Rules.

(2) Must possess:-

(i) I.T.I. (Surveyor Trade) Certificate introduced with effect from the year 1966; or

(ii) The I.T.I. (Surveyor Trade)

Certificate issued prior to the year 1966 and satisfactorily completed six months in plant training according to the rules approved by the Board of Revenue in this regard; or

(iii) A pass in Surveying and Levelling (Higher) M.G.T.E. or K.G.T.E. with Chain Survey Test; or

(iv) Experience in Military service for a period of six years in Surveyor trade;

Provided that in the absence of candidates with the technical qualifications mentioned above, a pass in Higher Survey Test shall be deemed sufficient:

Provided further that in the absence of candidates with any of the technical qualifications mentioned above, a pass in Chain Survey Test shall be deemed sufficient."

Appellants are candidates with diploma and degree holders in Civil Engineering. The learned Judge in the impugned judgment in Writ Appeal No.2250 of 2008 and other connected cases (Sajan vs. State of Kerala - 2008 (2) KLT 133) held that they are not entitled to apply for the post in view of the Special Rules. A contrary view is taken by another learned single Judge in the judgment impugned in W.A.No.2250 of 2007.

2. Main contention of the appellants is that even though degree or diploma in Civil Engineering is not made mention of in the Special Rules, it is a higher qualification than I.T.I. Survey trade certificate. They also relied on the decision of the Supreme Court of India in Jyothi K.K. and others vs. Kerala Public Service Commission and others (JT 2002 (Suppl.1) SC 85) in support of their contention. In that case, the question of selection of Sub Engineer in the Electricity Board was considered. There, the educational qualification prescribed for the post of Sub Engineer was Diploma in Electrical Engineering from a recognised institute or a certificate in Electrical Engineering from any one of the recognised technical institutes along with five years experience. Some of the applicants were holders of B.Tech. degree or Bachelors degree in Electrical Engineering. The Supreme Court held that degree in Electrical Engineering is a higher qualification than diploma in Electrical Engineering. It was further noticed that the promotion post of Sub Engineer is Assistant Executive Engineer where the prescribed qualification is degree in Electrical Engineering. In that circumstance, it was held that if the candidate has passed degree in Electrical Engineering, it can be treated as a higher qualification which presupposes the acquisition of diploma in Electrical Engineering. Here, the position is entirely different. Degree or Diploma in Civil Engineering is not treated as a qualification or even as an alternate qualification for promotion from the post of Surveyor Grade II to Surveyor Grade I, Head Surveyor or Superintendent. At paragraph 18, the learned single Judge held as follows:

"18. This brings me to the second aspect as to whether the persons with Degree or a Diploma in Civil Engineering were entitled to participate in the test as such. I have already adverted to the contentions of either side. Learned Standing Counsel for the P.S.C. relies on the judgment in Jyothi to contend that a Degree or a Diploma in Civil Engineering should be treated as a higher qualification, which necessarily presupposes the acquisition of the lower qualification namely the prescribed qualification of a certificate in Survey Trade. One factor which was specifically considered by the Supreme Court in Jyothi, upholding the contention of a similar nature therein, was that the Degree in Electrical Engineerin