Antony Dominic, J.

1. Petitioners in these Original Petitions are officers in the cadre of District and Sessions Judges and the main question raised is whether the Kerala State Higher Judicial Service Special Rules (hereinafter referred to as `the Special Rules') provide any separate quota for direct recruitment from the Bar.

2. When these cases were heard, petitioners relied on a Division Bench judgment of this Court in O.P.No.1790 of 1985 and connected cases where it was held that the Special Rules did not provide any quota for direct recruitment but only provided the proportion to be maintained if appointment is made by direct recruitment. The learned judge considered the matter and in view of the Apex Court judgments in O. P. Singla Vs. Union of India (1984 (4)SCC 450), State of Kerala v. A. Lakshmikutty and Others (1986 (4) SCC 632) and P.S. Gopinathan Vs. State of Kerala (2008 (7) SCC 70), doubted the correctness of the Division Bench judgment. Accordingly, by order dated 2.8.2011, these cases were referred to a Division Bench. Thereupon, these cases were considered by a Division Bench, which also agreed with the view taken by the learned single Judge and by order dated 2-8-2012, referred these cases to be heard by a Full Bench. It was accordingly these cases were posted for hearing before us.

3. By this common judgment, we are disposing of all these cases and for convenience, unless otherwise specifically stated, references made in this judgment are to the facts pleaded and the documents produced in O. P. No 6533 of 2002.

4. Petitioners in these cases were members of the Kerala Judicial Service, who are governed by the Kerala Judicial Service Rules, 1991. While they were working in the Category 1 posts of Subordinate Judges / Chief Judicial Magistrates, the High Court vide its letter No.B1-55367/2000, dated 20.01.2001, recommended the approval of a new panel of 15 Sub Judges / Chief Judicial Magistrates for appointment as District and Sessions Judges in the Kerala State Higher Judicial Service.

5. Accordingly, in exercise of the powers under Article 233 of the Constitution of India, the Governor approved the panel for appointment as and when vacancies arise, as per Ext.P1 notification dated 16.2.2001, the relevant part of which reads as under; "As the panel of Sub Judges/ Chief Judicial Magistrates for appointment as District, approved as per G.O. read above has exhausted, the High Court of Kerala has recommended the approval of a new panel of Sub Judges/ Chief Judicial Magistrates for appointment as District Judges in the Kerala State Higher Judicial Services.

In the circumstance, the Governor of Kerala is pleased to approve the following panel of Chief Judicial Magistrates/ Sub Judges for appointment as District and Sessions Judges in the Kerala State Higher Judicial Service, without prejudice to the claims of the candidates to be recruited from the Bar as provided in rule 2 (b) of the Kerala State Higher Judicial Service Rules, 1961 and also subject to the decision of Honourable Supreme Court in the Appeal Petitions against judgment in O.P.16199/94-C and O.P.No.16200/94-C."

6. In the panel thus approved for appointment, the petitioner in O.P.No.6533 of 2002 was included at serial number 10. Approval of the panel was notified in the Gazette as per Ext.P2, G.O (MS) 32/ 2001 dated 16.2.2001, the relevant part of which, reads thus;

"S.R.O. No. /2001.-In exercise of the powers conferred by clause (1) of Art.233 of the Constitution of India, the Governor of Kerala, on the recommendation of High Court of Kerala, is pleased to approve the following panel of Chief Judicial Magistrates/ Sub Judges for appointment as District & Sessions Judges and for their appointment as District & Sessions Judges in the Kerala State Higher Judicial Service as and when vacancies arise without prejudice to the claims of candidates to be recruited from the Bar to satisfy the provisions under rue 2(b) of the Kerala State Higher Judicia