J. Chelameswar, C.J.

This matter is placed before the Full Bench pursuant to an order of reference dated October 13, 2010. The facts of the case are narrated in detail in the order of reference and we do not propose to reiterate them.

2. The essential facts necessary to adjudicate the question referred can be summarised as follows: The Public Service Commission of Kerala is requested to conduct a recruitment process for the post of Junior Scientific Officer by the State of Kerala. The said post is created under the Kerala Chemical Examiner's Laboratory Service Special Rules, 1997. The basic academic qualification prescribed in the said Rules is Masters Degree with 50% marks in Chemistry or Forensic Science or Bio-Chemistry of a recognised University. The question is, whether the Public Service Commission can recognise a Masters Degree in any other branch as an equivalent qualification to the qualification prescribed under the above-mentioned Rules. In the instant case, the Public Service Commission recognised a Masters degree in Applied Chemistry, Organic Chemistry and Inorganic Chemistry as equivalent qualifications to the prescribed qualification.

3. The question, therefore, for our consideration is whether the Public Service Commission is authorised by the appropriate law to resort to such a process. A Division Bench of this Court in a case reported in Viswam v. K.P.S.C. [2001 (3) KLT 170], on an interpretation of Rule 13(b)(i) of the Kerala State and Subordinate Services Rules, opined that the Public Service Commission has the necessary authority of law to undertake an exercise such as the one mentioned above. We are required to examine the correctness of the said decision.

4. Article 309* of the Constitution stipulates that the Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State. The proviso to the said Article authorises the President or the Governor, as the case may be, to make rules with respect to the abovementioned until the appropriate Legislature makes a law.

*309. Recruitment and Conditions of Service of Persons Serving the Union or a State.-

Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State:

Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provisions in that behalf is made by or under an Act of the appropriate Legislature under this article and any rules so made shall have effect subject to the provisions of any such Act.

5. In exercise of the authority under Article 309, the State of Kerala made an Act, known as "The Kerala Public Services Act, 1968", which, in turn, authorises, under Section 2, the executive Government to make regulations to regulate recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the State of Kerala. Section 3 declares that all rules made in exercise of the proviso to Article 309 regulating the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the State of Kerala and were in force before the commencement of the Act shall be deemed to have been made under the said Act.

6. Rules, known as "Kerala State and Subordinate Services Rules, 1958" (for short "KS&SSR"), are made by the Governor of Kerala in exercise of the p