J. Chelameswar, CJ.

1. These two Writ Petitions are inter connected. The challenge in these two Writ Petitions is with regard to the selection and appointment of respondent Nos.4 to 13 to the Kerala Higher Judicial Service as District and Sessions Judges. The respondent Nos. 4 to 13 are same in both the Writ Petitions. The facts leading to the litigation are as follows:

2. The first respondent issued the Notification dated 16.04.2007 inviting applications for appointment to the post of District and Sessions Judges to the Kerala Higher Judicial Service through Direct Recruitment from the Bar. As per the said Notification, the recruitment process was initiated for filling up of six vacancies in the above mentioned service. Three stipulations made in the notification are relevant for the purpose of the decision in these writ petitions. They are:

(i) Candidates must not have completed the age of 47 years (as on 01.01.2007).

(ii) The selection process consists of a written examination and viva-voce. The written examination consists of three papers carrying 200 marks each and viva-voce for 50 marks.

(iii) A candidate is required to secure a stipulated cut off mark in the written examination to be qualified for being called for viva-voce.

Under Clause 6 of the Notification, it has stipulated that the rules relating to reservation in the matter of appointment of Backward Classes, Scheduled Castes and Scheduled Tribes, as envisaged under Part II of the Kerala State and Subordinate Service Rules (Rules 14 to 17) shall apply to the selection process in question.

"A candidate for appointment as District Judge from Bar shall satisfy the following conditions:

xx xx xx (b) He shall not have completed 47 years of age on the first day of January, 2007.

xx xx xx

The Kerala Higher Judicial Service Examination for selection of candidates for appointment as District and Sessions Judges shall consist of written examination and viva-voce. The written examination shall consist of three papers, each paper carrying a maximum of 200 marks. The duration of each paper will be three hours. General candidates and candidates belonging to Other Backward Classes securing not less than 50 per cent marks and candidates belonging to Scheduled Caste and Scheduled Tribes securing not less than 40 per cent marks in each paper of the written examination shall alone be eligible for being called for viva-voce. Maximum marks for viva-voce shall be

50. The merit list of successful candidates will be prepared on the basis of the total marks obtained in the written examination and viva-voce.

xx xx xx

The rules relating to reservation of appointment for Backward Classes, Scheduled Castes and Scheduled Tribes contained in Part II of the Kerala State and Subordinate Service Rules (Rules 14 to 17) shall apply to appointment by direct recruitment, subject to the condition that the benefit in the case of Other Backward Classes will be available only to those who do not belong to the creamy layer of the respective communities".

3. In response to the said Notification, 960 "valid applications" were received by the first respondent. The said 960 applicants were invited to participate in the selection process. But it appears that eventually, only 443 applicants appeared for the written examination, which was conducted from 27th to 29th October 2007. After the written examination, the answer scripts of the above mentioned participants were evaluated and it was found that only seven candidates obtained "cut off" marks in the written examination. 'Cut-off', i.e., the minimum qualifying marks to be secured by the candidates in each of the papers for qualifying the examination as specified in paragraph 4 of the Notification dated 16.04.2007. The relevant portion of paragraph No.4 of the Notification reads as follows:

"The Kerala Higher Judicial Service Examination for selection of candidates for appointment as District and Sessions Judges shall consist of written examination a