K JAYAMOHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted. We have heard learned counsel for the parties.

(2.) This appeal by special leave arises from the judgment of the High Court of Kerala, made on 25-7-1996 in Writ Appeal No. 997/96.

(3.) The admitted facts are:the two posts of Lecturers in Physical Education were adver-tised for recruitment in the year 1988 through the Public Service Commission. Written Test and oral interviews were conducted in the year 1992 and the Select List, a long list of 10 candidates was prepared by the Public Service Commission; the appellant stood at No. 10 in the said list. Two other candidates selected have already been appointed. Since there often exist some vacancies, the appellant, one of the selected candidates, made a representation to appoint him. That was rejected on the ground that pursuant to the amendment to the Kerala Collegiate Education Service Special Rules, 1994, which came into force with retrospective effect from March 13, 1990, higher quali-fications were prescribed and since the appel-lant did not fulfil the requisite qualification, he was not eligible and could not be appointed. When the appellant filed writ petition, the single Judge and on appeal the Division Bench of the High Court held that merely because he was kept in the select list, he acquired no ab-solute right to appointment and it is not in-cumbent upon the authorities to appoint him. Thus, this appeal by special leave.