Since common questions are involved, these Writ Petitions are being disposed of by this common judgment. In some cases, persons included in the Rank List have filed applications for impleading and those applications have been allowed.

2. Almost identical relief’s are prayed for in these Writ Petitions. W.P.(C) No. 27577 of 2007 is taken as the main case in which a counter affidavit is also filed by the second respondent. The relief’s prayed for in W.P.(C)No. 27577 of 2007 are the following:

"i) to issue a writ of mandamus directing the respondents to appoint the petitioner as HSST (Senior) (Commerce

ii) to issue a writ of mandamus directing the respondents to treat the petitioner as HSST (Junior) who has completed the period of probation with effect from 9.2007;

iii) to issue a writ of mandamus directing the respondents to issue formal orders declaring satisfactory period of completion of probation with effect from 9.2007;

iv) to issue such other orders, directions or writs as may be prayed for and that this Honble Court may deem fit under the facts and circumstances of the case."

3. Thepetitioners in these Writ Petitions are Higher Secondary School Teachers (Junior) in different subjects. The claim of the petitioners is that they are entitled to be appointed as Higher Secondary School Teachers in the subjects concerned as per Rule 3 of the Special Rules for the Kerala Higher Secondary Education State Service (hereinafter referred to as the Special Rules). The case of the petitioners is that as per Rule 3 of the Special Rules, the post of HSST shall be filled up by transfer from HSST (Junior) in the subjects concerned. Only in the absence of HSST (Junior), any other category mentioned in Rule 3 could be considered for appointment as HSST, it is submitted. The relevant portion of Rule 3 (2) reads as follows:

"3. Appointment - Appointment to the categories shall be made as follows:

Sl. No. Category Method of appointment.

1 Principal xxxxx

Higher Secondary School (I) By transfer from Higher Secondary Teacher School Teacher (Junior) in the subject concerned.

(II) In the absence of qualified hands under clause (I) above, the vacancies shall be apportioned in the ratio of 1:3 between appointment by transfer and direct recruitment as detailed below: (1)a. By transfer from High School Assistants included in the General Education Subordinate Service who possess the requisite qualification in the subject concerned.

b. In the absence of qualified persons under item (a) above, by transfer from qualified Upper Primary School Assistants/Lower Primary School Assistants included in the General Education Subordinate Service who possess the requisite qualification in the subject concerned.

2 (2) By direct recruitment. Notes: 1. When qualified persons are not available to fill up the vacancies set apart for appointment by transfer under item (II)(1), such vacancies shall also be allotted for direct recruitment.

2. Appointments under item (I) above shall be made from select lists of qualified persons prepared on the basis of merit and ability.

3. Direct recruitment under item II (2) shall be made on state wise basis by the Kerala Public Service Commission.

4. Going by the rules, appointment to the post of HSST can be made only by transfer from HSST (Junior) in the subject concerned if such qualified hands are available. If HSST (Junior) is not available, the rule permits appointment by transfer from HSA and by transfer from qualified U.P.S.A. and L.P.S.A. and also by direct recruitment in the manner indicated therein. The petitioners state that they have successfully completed the period of probation. In some of the cases, the probation has not been declared. Their grievance is that the delay in declaration of their probation has caused hardship and impediment in getting appointment as HSST. Learned counsel for the petitioners relies on the decision of this court in Appukuttan Nair vs. State of Kerala [ 1990 (2) KLT 806], wherein it was