Judgment :- Petitioners were selected by the P.S.C. for the post of Inspector in the Weights and Measures Department. The list of successful candidates was published on 30-3-92 and the petitioners have been assigned rank No. 13,14,15,21,22 and 24. There were 104 candidates in the select list. At the time of notification, the category was known as Divisional Inspector of Weights and measures. There were two categories namely Divisional Inspectors and Technical Assistants. The special rules provide that 50% of the posts in the category of Divisional Inspectors were to be filled up by direct recruits and the balance by promotion/ transfer from approved probationer in the category of technical assistants/ upper Division Clerks in the department. In the rule it is further provided that ratio to be resorted to for such promotion shall be 1:6. The first post must go in favour of Technical Assistant and the next six post must go to the U.D.C. The rule further provided that in the absence of qualified persons for promotion/ transfer the vacancies will have to be filled up by direct recruits. 2. A counter affidavits filed on behalf of the first respondent. It is stated therein that the appointment of Inspectors by transfer from among qualified Technical assistant/u.d.clerk is the second method prescribed in the Kerala Weights and Measures Subordinate Services Special Rules, 1978 and there is no stipulation that without resorting to direct recruitment appointment by transfer is illegal. In the special rule, the method of appointment of Inspector (W & M) is by direct recruitment and by promotion/ transfer. The 50% of the vacancies ear marked was direct recruitment and the other 50% of the vacancies was ear marked from among the Technical Assistant/ U.D.C. The post of Technical Assistant and U.D.Clerks are treated as two elements of a single category, both of them being departmental hands. The promotion was made strictly in accordance with the special rules. 3. I heard the petitioners' counsel and the Government Pleader. The contention of the petitioner is that as per the special rules, out of 50% of the seats ear marked for promotion/ transfer, there is a ratio of 1:6 between Technical assistants and U.D.Clerks and it so happened that there were no Technical Assistants and according to the petitioners these seats must go to direct recruiters. The contention of the petitioner is that as per the special rules, out of 50% of the seats ear marked for promotion/ transfer, there is a ratio of 1:6 between Technical assistants and U.D.Clerks and it so happened that there were no Technical Assistants and according to the petitioners these seats must go to direct recruiters. The method of appointment and qualifications are prescribed in the Special rules for Kerala Weights and Measures Subordinate Service Rules. The relevant provisions are as follows: Rule 3: Method of appointment and qualification: The method of appointment and qualifications for appointment to the above categories shall be as follows: - Note 2 of Rule 3 is the basis on which the petitioners contend they must be given 6 seats out of the total number of vacancies of Divisional Inspectors already filled by the department. Note 1 of Rule 3 says that "the ratio between the Technical Assistant and Upper Division clerks for appointment to the post of Divisional Inspectors shall be 1:6 beginning with the appointment of a Technical Assistant as Divisional Inspectors. Note 2 further says that, Ain the absence of qualified persons for promotion/ transfer from the categories of Technical Assistant and Upper Division Clerks against the vacancies reserved for them, such vacancies shall also be filled up by direct recruitment. 4. In the instant case, if the ratio given in Note 1 was fully implemented 8 seats should have been filled up by Technical Assistants but there were only two Technical Assistants and these six vacancies which should have gone in favour of Technical Assistants were filled up by promoting Upper Division Clerks. According to the petitioners, these seats must have been tilled up by direct recruiters on the basis of Note 2 of Rule 3.1 am unable to accept this interpretation. It is only in the absence of Technical Assistants as well _as Upper Division Clerks, these seats could be filled up by direct recruits. The spirit of Rule 3 is that 50% of the vacancies should be filled up direct recruits and the other 50% vacancies must go to the departmental hands. The ratio 1:6 is fixed to ensure equitable promotion to departmental hands comprised in various categories. If members of one such category are absent, that must go to the benefit of the other species included in that category. The ratio 1:6 is fixed to ensure equitable promotion to departmental hands comprised in various categories. If members of one such category are absent, that must go to the benefit of the other species included in that category. Only in the absence of Technical Assistants and Upper Division Clerks qualified for promotion, such vacancies could be filled up by direct recruits. 5. The department has correctly implemented the special rules, in making appointment to the post of Divisional Inspectors. The Original Petition is without any merit and it, is dismissed.