V. Giri, J.

1. There are certain common issues which arise for consideration in these cases. Therefore, they have been heard together. Some of the Writ Petitions also involve a different issue and therefore, those issues are being dealt with separately. But as I mentioned above, there are certain issues which are common and all of them involve issues which emanate from a notification issued by the Public Service Commission for selection to the post of Surveyor Grade-II in the Department of Survey and Land Records. I will refer to the facts in Writ Petition No.29794/2006 as also the facts in Writ Petition No. 33742/2006 in the first instance.

2. Ext. P1 notification was issued by the PSC inviting applications for the post of Surveyor Grade-II. Qualifications prescribed for the said post are those contained in Special Rules namely Kerala State Subordinate Services Special Rules in the Kerala Survey and Land Records (hereinafter referred to as Special Rules). The presented qualifications are as follows:

(I). A pass in S.S.L.C examination or possession of any of the other equivalent qualification specified in the Schedule to Part II of the General Rules.

(II). Must possess--

(i). I.T.I. (Surveyor Trade) Certificate introduced with effect from the year 1966.

OR

(ii). The I.T.I (Surveyor Trade) Certificate issued prior to the year 1966 and satisfactorily completed six months inplant training according to the rules approved by the Board of Revenue in this regard;

OR

(iii). A pass in Surveying and Levelling (Higher) M.G.T.E or K.G.T.E with Chain Survey Test;

OR

(iv). Experience in Military service for a period of six years in Surveyor trade: provided that in the absence of candidates with the technical qualifications mentioned above, a pass in Higher Survey Test shall be deemed sufficient: provided further that in the absence of candidates with any of the technical qualifications mentioned above, a pass in Chain Survey Test shall be deemed sufficient."

3. PSC conducted a written test for the selection to the post on 13.10.2006. According to the petitioners, persons who did not possess the prescribed qualification but who possessed Diploma or even a Degree in Civil Engineering had applied for the same. They were also permitted to take part in the test. On enquiry, it was understood that the Commission took the view that the Diploma holders and Degree holders in Civil Engineering are also eligible to apply for the post, and this is the view the Commission took, apparently on the basis of R.10(a)(ii) of Part-II of K.S. & S.S.R. It is contended that the prescribed qualification is a certificate in Survey Trade or a pass in Surveying and Levelling (higher), MGTE or KGTE with Chain Survey test. Syllabus for the Trade of Surveyor under Craftsmen Training scheme is produced as Ext. P4 and the Syllabus for Diploma course in Civil Engineering in so far as it relates to the discipline of Surveying is produced as Ext. P5. A copy of the syllabus for B.Tech in Civil Engineering regarding the discipline of Surveying is produced as Ext. P6. Petitioners contend that the Syllabi, Exts.P4 to P6, have no commonality as such. I may straight away refer to a similar contention raised in Writ Petition No. 33742/2006 wherein the petitioners have produced Exts. P15, P16 and P17 along with IA 10161/2008 being the syllabus for a Diploma or a Degree in Civil Engineering. Specific contention taken up in Writ Petition No.33742/2006 in this regard is encapsulated in ground B of the said Writ Petition which is extracted herein:

"It is pertinent to note that the degree holders/diploma holders in Civil Engineering have only passed in SSLC. But they do not have anyone of the Certificates enumerated in Ext. P1 under cl. (ii) of under the title of "Eligibility". That is to say, the degree holders/diploma holders who are now permitted to take part in the examination do not have IT