Common questions arise in these writ petitions. They were, therefore, heard together and are being disposed of by this common judgment.

2. W.P. (C) No.16193 of 2007: The petitioner, a post graduate degree holder, entered service as Lower Division Clerk in the Motor Vehicles Department in March, 1996. He was promoted as Upper Division Clerk in the year 2003. While in service, he underwent the three year part-time diploma course in Mechanical Engineering from Central Polytechnic, Trivandrum and passed the diploma examination in Mechanical Engineering in November, 2006. The petitioner states that after completing the diploma course in Mechanical Engineering, with a view to gain experience in the repair of light motor vehicles, heavy goods vehicles and heavy passenger motor vehicles fitted with petrol and diesel engine, for the purpose of securing appointment by transfer as Assistant Motor Vehicles Inspector, he had attended Lal Auto & General Engineering Works, Kilimanoor (a Government approved workshop), before and after office hours from 1-4-2005. A copy of the provisional certificate dated 27-2-2007 issued by the State Board of Technical Education certifying that the petitioner has passed the final year diploma examination in Mechanical Engineering in November, 2006, is produced as Ext.P1. A copy of the certificate dated 6-3-2007 issued by the Proprietor, Lal Auto & General Engineering Works, Kilimanoor, certifying that the petitioner has acquired working experience in the repair of light motor vehicles, heavy goods vehicles and heavy passenger motor vehicles fitted with petrol and diesel engines by attending the workshop with effect from 1-4-2005, is produced as Ext.P2.

3. The qualifications and method of appointment to the category of Assistant Motor Vehicle Inspector in the Motor Vehicles Department, were prescribed by the State Government in the Kerala Transport Subordinate Service Rules, 1964. The said rules were issued when the Motor Vehicles Act, 1939 was in force. As per the said rules, the method of appointment to the category of Assistant Motor Vehicles Inspector was by (i) appointment by transfer from among members of the ministerial service employed in the Motor Vehicles Department and (ii) by direct recruitment from the open market, in the ratio of 1:4. The qualifications prescribed for appointment by transfer were:

(i) A pass in the S.S.L.C. examination.

(ii) Diploma in Automobile Engineering issued after a course, the duration of which is not less than 3 years by recognized Universities or by Government.

(iii) Motor Driving licence with endorsement for driving Heavy Passenger Motor Vehicles and Heavy Goods Vehicles.

(iv) Pass in Account Test (Lower) and Departmental Test on the Laws relating to Motor Vehicles administered by the Motor Vehicles Department.

It was also stipulated that ministerial staff of the department aspiring for appointment by transfer should have a minimum of three years service in the department.

4. The Motor Vehicles Act, 1939 was repealed by the Motor Vehicles Act, 1988, which came into force on 1-7-1989. Section 213 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) empowered the Central Government, by notification in the Official Gazette, to prescribe the minimum qualifications, which the officers of the Motor Vehicles Department or any class thereof shall possess for being appointed as such. In exercise of the said power the Central Government have issued Ext.P3 notification dated 12.6.1989 prescribing the qualifications for appointment to the category of Inspector of Motor Vehicles/Assistant Inspector of Motor Vehicles. Ext.P3 notification came into force on 1-7-1989. By Ext.P3, working experience of at least one year in a reputed automobile workshop which undertakes repairs of both light motor vehicles, heavy goods vehicles and heavy passenger motor