JUDGMENT V.P. Gopalan Nambiyar, J. 1. These writ appeals have been heard together as they raise a common question. They are directed against the judgment of a learned Judge of this court. The question raised is as to whether under the Kerala Statistics and Economics Service (Special) Rules, direct recruitment should be confined only to substantive vacancies in the permanent cadre or could be had even against temporary vacancies in a non-permanent cadre. The learned Judge took the view that there were no grounds for limiting direct recruitment to substantive vacancies in the permanent cadre. We think he was right and we have no hesitation to affirm his judgment. 2. Rule 5 of the General Rules reads: “5. Method of recruitment.—Where the normal method of recruitment to any service, class or category is neither solely by direct recruitÂment nor solely by transfer but is both by direct recruitment and by transfer— (a) the proportion or order in which the Special Rules concerÂned may require vacancies to be filled by person recruited direct and by those recruited by transfer shall be applicable only to substantive vacancies in the permanent cadre. (b) a person shall be recruited direct only against a substantive vacancy in such permanent cadre, and only if the vacancy is one should be filled by a direct recruit under the Special Rules referred to in clause (a) and (c) recruitment to all other vacancies shall be made by transfer. Note.— (1) All permanent vacancies and temporary vacancies except those of short duration shall be treated as substantive vacancies. (2) Leave vacancies and vacancies of less than 6 months duration shall be treated as vacancies of short durationâ€�. This has to be read along with rule 2 of Part II which is as follows: “(2) Relation to the Special Rules.— If any provision in the general rules contained in the part is repugnant to a provision in the special rules applicable to any particular service contained in Part III, the latter shall in respect of that service, prevail over the provision in the general rules in this partâ€�. The question therefore is whether there is any provision in the general rules which is repugnant to a provision in the special rules. 3. Turning to the special rules, we find that rule 2 provides for the method of appointment and qualifications for appointment to the various categories.
The question therefore is whether there is any provision in the general rules which is repugnant to a provision in the special rules. 3. Turning to the special rules, we find that rule 2 provides for the method of appointment and qualifications for appointment to the various categories. Category Not 6 is the post of Research Officer with which we are concerned in these writ appeals. The said provision is as follows:— Category Method of appointment Qualification 6. Research Officer 1. By transfer from the category of Research Assistants/Statistical InsÂpector, Supervisor, Mechanical tabulation unit or 2. By transfer from any other service 3. By direct recruitment Note : Vacancies in the cadre of Research Officers shall be filled alternately by transfer from the category of Research Assistants etc. and by direct/recruitÂment/transfer from any other service commencÂing with transfer from the category of Research Assistants etc. For transfer from the category of Research Assistants etc. (i) A Master’s Degree or equivalent Honours Degree in Statistics or Economics or (ii) A Master’s Degree in Mathematics (with Statistics as Special SubÂject) or Commerce (with StatisÂtics as special subject) of a recognised University or Institution For direct recruitment and recruitment by transfer from any other service (i) A Second Class Master’s Degree or equiÂvalent Honours Degree in Economics, Econometrics/ Economic Statistics or Commerce (with Statistics as a special subject) of a recognised University or Institution or (ii) A Second Class Master’s Degree or equiÂvalent Honours Degree in Statistics or MatheÂmatics (with Statistics as Special Subject) of a recognised University or Institution and (2) Two years’ experiÂence in Economics StatisÂtical work (theoretical or applied) either in GovernÂment Department or other recognised Institutions Note: (1) The class specification will be waived in the case of candidates with at least two years’ service in the Department, The proportion in which direct recruitment or recruitment by transfer from any other service of persons with the qualiÂfications in 1 (i) or 1 (ii) above has to be made shall be determined by the Director, Bureau of Economics and Statistics, according to requirements For direct recruitment Must not have compleÂted 35 years of age and must have completed 20 years on the 1st day of July of the year in which applications for the appointment are invited.
’’ We do not think that we would be justified in limiting the direct recruitment provided by the rule only to a direct recruitment to a substantive vacancy in the permanent cadre. That expression has been used by General Rules. And despite the provisions in rule 2 of Part II of the General Rules to which we have called attention, it appears to us that the provisions in the Special Rules detailing the mode of recruitment and promotion to the category of Research Officers, does not at all speak of recruitment or transfer to a substantive vacancy in the permanent cadre, but speaks generally of all categories of service without any limitation. We would not, in the circumstances, be justified in importing any limitation into the Special Rules that the recruitment could only be had against a substantive vacancy in the permanent cadre. If this, viz. that recruitment could be had even against non-permanent posts, is the effect of the provision in the Special Rules, there is clear repugnancy between that provision and the provision in the General Rules, i.e. rule 5 providing for recruitments. By reason of rule 2 of Part II of the General Rules, the provision in the Special Rules should prevail. The learned Judge was therefore right in holding that under the Special Rules, the direct recruitment is not confined to substantive vacancies in the permanent cadre. We affirm his judgment and dismiss the appeal with no order as to costs.