1. Issue raised in these writ petitions is common and therefore, these cases were heard together and are disposed of by this common judgment.

2. For the sake of convenience, WP(C) No.31585/2009 is treated as the leading case, and the facts pleaded and the documents produced therein are referred to in this judgment.

3. The petitioners herein were enrolled as Advocates on the rolls of the Bar Council of Kerala. While practising as Advocates, they were appointed in different departments of the Government of Kerala. Thereupon, they applied to the Bar Council of Kerala for suspending their right to practice and surrendered their certificates in terms of Rules 49 & 5, Part-VI of the Bar Council of India Rules (hereinafter referred to as the Rules for Short). Exts.P3, P5 & P7 are the communications issued by the Bar Council of Kerala recording voluntary suspension of their practice with effect from the dates mentioned therein and acknowledging receipt of the enrolment certificates surrendered by the petitioners.

4. While the petitioners are thus continuing in Government Service, by Ext.P1 notification, Public Service Commission invited applications for appointment to the post of Legal Assistant Gr-II in the Law Department of the Government of Kerala. Ext.P14 is the Special Rules, viz., the Kerala Secretariat Subordinate Service Rules, which prescribes the qualification for the post of Legal Assistant Gr.II. Ext.P1 vacancy notification incorporates the qualification prescribed, which is extracted below for reference.

"7. Qualifications:

(1) Degree in Law of any recognized University

(2) Pass in the Bar Council Examination OR Enrolment as an Advocate.

Note:-(i) A Pass in the 'Apprentice Examination' of the Madras High Court or the possession of the Enrolment Certificate of Mysore High Court will be considered as equivalent to a pass in the Bar Council Examination.

(ii) Candidates belonging to the scheduled Castes or Scheduled Tribes (in the absence of qualified persons, from among them) shall not be required to possess the qualifications prescribed in (2) above."

5. In response to Ext.P1 notification, the petitioners submitted their applications. They appeared for the written test held on 10/01/2009. In the meantime, the PSC issued Ext.P15 to the Government of Kerala stating that a doubt has arisen whether a candidate, who was enrolled once as an Advocate and later has taken up an employment under the Government with or without getting the enrolment suspended or has engaged in any other profession or calling, is eligible to be considered for the post. The Government was requested to examine the issue and clarify the doubt. Accordingly, the Government considered the matter and issued Ext.P16 dated 04/07/2008 clarifying that a candidate, who was enrolled once as an Advocate and later taken up employment with or without suspending practice continues in the roll of advocates and as such, is eligible to be considered for appointment to the post of Legal Assistant Grade-II. Despite the clarification issued by the Government, the PSC passed Ext.P18(a) resolution dated 17/11/2008 which reads as under:-

"As on the last date for receipt of application, the candidate should have enrolment with the Bar Council. Candidates having an employment in Govt. service as on the date will not be considered as having enrolment with the Bar Council."

6. Subsequently, the petitioners were issued Exts.P8 to P10 memos dated 15/09/2009 requiring them to produce the documents mentioned therein, with a note to the effect that candidates, who were employed in Government Service at the time of submission of their applications, will not be treated as having enrolment with the Bar Council. Thereupon, petitioners submitted Exts.P11 to P13 representations to the PSC against the note incorporated in Exts.P8 to P10 memos, which had the effect of rendering them ineligible for the post. Response was not forthcoming. Therefore, this writ petition was filed on 15/11/