A.K. BASHEER, J.

1. This Writ Petition has come up before us on a reference made by a Division Bench noticing apparent conflict between two bench decisions. In fact, a learned Single Judge had referred the case to the Division Bench after noticing inconsistency in the views taken by the two Division Benches.

2. The question that has cropped up in this case is whether Respondent No.1 Corporation is justified in tinkering with or varying the minimum qualifications prescribed in the Special Rules for recruitment to the post of Deputy Manager (Technical), while notifying the vacancies.

3. The relevant facts which led to this legal imbroglio may be briefly noticed: Petitioners are now working as Regional Managers (Marketing) in the cadre of Deputy Manager in Respondent No.1 Corporation, which is a Company fully owned by the Government of Kerala. The Corporation, being an instrumentality of the Government of Kerala, is State within the meaning of Art.12 of the Constitution of India.

4. Petitioner No.1 is a B.Tech (Mechanical) with Master of Business Administration (MBA) as an additional qualification. After working as Assistant Engineer in the Kerala Automobiles limited for more than 16 years from 1991 till 2007, he joined Respondent No.1 Corporation as Deputy Manager in March 2007. He has satisfactorily completed the period of probation and is eligible for promotion to the post of Manager.

5. Petitioner No.2 is a Bachelor in Engineering (Mechanical). He owns a Diploma in Computer Application (DCA), in addition to the Post Graduate Diploma in Management and Marketing Management and Post Graduate Degree in Business Administration (MBA). After working in Aluminium Industries Limited, Kollam and in Peninsula Polymers Limited, Trivandrum for more than six years, he joined Respondent No.1 Corporation as Assistant Manager in 1997 and was promoted as Deputy Manager in November 2007. He is also eligible for promotion to the post of Manager.

6. On July 2,2008, the Corporation published Ext. P3 notification, inviting applications from eligible candidates for filling up the two vacancies of Manager (Technical), apart from two other vacancies, which are not relevant for our purpose. The following qualifications were notified in Ext.P3 for the above post:

“A First Class Degree in Mechanical/Automobile Engineering from a recognised University. MBA desirable. Experience: A minimum of 10 years in an Automobile manufacturing Company…..”

7. Petitioners applied for the above post in response to Ext.P3 notification. But they were not invited for the interview, which was scheduled to be held on October 31, 2008. Later, petitioners came to know that they were not invited since they did not possess a First Class Degree in Mechanical/Automobile Engineering. According to the petitioners, insistence for a First Class Degree in Engineering, being totally against the clauses contained in Ext.P5 Special Rules for Recruitment, the action of the Corporation was per se mala fide, illegal and unjust. Therefore, they challenged the proposed selection process in the Writ Petition.

8. When the Writ Petition came up for admission before a learned Single Judge on January 29,2009, Respondent No.1 Corporation was directed not to make the appointment without obtaining permission from the Court. Later, the learned Single Judge, referred the case to the Division Bench, after noticing the apparent conflict in the two bench decisions in Prathapan v. Registrar of High Court of Kerala (1984 KLT 625) and in Kerala Public Service Commission v. Alex (WA No.213/1997). The Division Bench, in turn, has referred this case to a Full Bench.

9. It is beyond controversy that under the Special Rules for Recruitment and Promotion of Managerial and Supervisory Employees in the Corporation, a copy of which is available on record as Ext. P5, the qualifications prescribed for direct recruitment or promotion are as hereunder:

“For direct recruitment.--A Degree in Engineering