Siri Jagan, J.

This matter relates to appointment to the post of Pharmacist Grade II in the Department of Homeopathy under the Government of Kerala. In 1995, the Kerala Public Service Commission (for short 'the PSC') invited applications for selection to the post of Pharmacist Grade II in the Department of Homeopathy under the Government of Kerala. Notification dated 2-9-1995 was published in the official gazette on 17-10-1995. The last date for submission of applications; was 29-11-1995. A written test and interview were conducted and the rank list dated 27-6-2003 was published. In the meanwhile, the Government issued the Special Rules for the, Homeopathy Subordinate Service Rules, 1999, in supersession of all existing Rules and Orders on the subject prescribing qualifications for the various posts in the Homeopathy Subordinate Service, including those for the post, of Pharmacist Grade II by changing the previously existing minimum qualifications prescribed for appointment to the said post with effect from 12-4-1999. A dispute arose as to whether after the amendment to the Rules vacancies could be filled up from the list published by the PSC, which was prepared based on the pre-revised qualifications. Some of the candidates included in the list filed O.P.No.27117/2002, for a direction to the Director of Homeopathy, Thiruvanantha­puram and the District Medical Officer, Kannur to report All vacancies of Pharmacist (Homeo) in Kannur District including the vacancies occupied by unqualified provisional promotees to the PSC forthwith. There, was a prayer for a direction to advice the petitioners and appoint them to the post of Pharmacist (Homeo) in the Homeopathy Department of the Government. The said Original Petition came up for hearing before a learned Single Judge of this Court, who, by order dated, 6-3-2006, referred it for decision by a Division Bench of this Court, perceiving a conflict between two Division Bench decisions of this Court namely, Kunju Kunju v. State of Kerala, reported in 2005 (1) KLT 364 and Stalin v. State of Kerala (2006 (1) KLT 493). In Kunju Kunju's case, a Division Bench of this Court was considering the effect of amendment of Special Rules for the Kerala Industries Subordinate Service with retrospective effect and held that selection to the post of Industries Extension Officers has to be made, in accordance with the amended Special Rules and the PSC was in error in' selecting the candidates and preparing the rank list in, terms of, the Special Rules prevailing prior to the date of retrospective commencement of the amended Special Rules. In Stalin's case, another Division Bench was considering the effect of the Kerala Homeopathy Subordinate Service Rules, 1999 on the pending selection to the post of Pharmacist initiated prior to the coming into force of the Special Rules, which is the question in issue in this case also. In that case; the Division Bench held that since the amendments have only prospective operation, in so far as the selection which has already been set in motion in accordance with the unamended rules is concerned, the same cannot be set at naught. The learned Single Judge, who considered O.P.No.27117/2002, felt that these are conflicting decisions concerning the very same legal issue and therefore referred the matter for decision by a Division Bench of this Court. A Division Bench of this Court, before which the case came up for hearing on such reference, along with W.P.(C) Nos.35734/2005, 5586 & 7270/2006, also felt that the impact of Kunju Kunju's case was not considered in Stalin’s case, and therefore referred the cases for decision by a Larger Bench. It is under these circumstances that these cases have come up for, hearing, before us. Some other cases dealing with the same issue have also been tagged along with, these cases, although, they were not specifically referred to a Larger Bench.

2. Before considering the question involved, we would like to make it clear that we