Judgment :- K.S. Radhakrishnan, J. This appeal is preferred against the judgment in O.P. 11485 of 1998. First respondent herein preferred the Writ Petition challenging Ext. P-5 memo, dated 30th April 1998 issued by the Public Service Commission rejecting his application for the post of Lecturer in Geology in the Collegiate Education Department on the ground that he had not passed M.Phil, examination before 31st December 1992. Learned Single Judge allowed the Writ Petition and quashed the said order holding that the first respondent-petitioner need only to complete the course prior to 31st December 1992. Aggrieved by the same this appeal has been preferred by the Kerala Public Service Commission. 2. Short facts which are necessary for disposal of the Writ Appeal are as follows: Kerala Public Service Commission invited applications for selection and recruitment to the post of Lecturer in Geology in the Kerala Collegiate Education Department vide notification published in the Gazette, dated 17th December, 1996. Qualifications prescribed for the post are as follows: "(1) Master's Degree in the concerned subject with atleast 55 per cent marks or its equivalent and good academic record. (2) Must have passed a comprehensive test specifically conducted for the purpose by U.G.C. or any agency duly constituted by the State Government in this behalf. When qualifications are equal, preference shall be given to candidates who possess adequate knowledge in Malayalam. (3) Candidates who have submitted Ph.D. thesis upto 31st December 1993 and the candidates who have done M.Phil up to 31st December 1992 shall be exempted from passing the comprehensive test prescribed for the post. 1RWH- (1) For recruitment to the above post degree awarded by the Universities recognized by U.G.C. alone shall be considered. The appellants state that the above qualifications are prescribed in accordance with the Special Rules for the Kerala Collegiate Education Service, 1994 as amended by G.O.(P) No. 114/94/H.Edn., dated 6th August 1994". Petitioner on the basis of the above-mentioned qualification applied for the post. Even though he completed the course prior to 31st December 1992 he passed M.Phil, examination only on 26th March 1993. Public Service Commission rejected his application on the ground that he had not passed the M.Phil, examination prior to 31 st December, 1992. 3. Petitioner on the basis of the above-mentioned qualification applied for the post. Even though he completed the course prior to 31st December 1992 he passed M.Phil, examination only on 26th March 1993. Public Service Commission rejected his application on the ground that he had not passed the M.Phil, examination prior to 31 st December, 1992. 3. In the counter affidavit filed by the Kerala Public Service Commission they have stated the reasons for rejection, which is extracted below: "It is submitted that by G.O.(Ms.) No.183/85/H/Edn., dated 27th October, 1995, the Government of Kerala extended the period of examination from comprehensive test to those who passed M. Phil, upto 31st December 1993. But the Special Rules for the Kerala Collegiate Education Service, 1994 has not been amended so far, extending the period of exemption from the comprehensive test to those who passed M.Phil, upto 31st December, 1993. Therefore, the Public Service Commission is not bound to incorporate the above exemption clause in the gazette Notification inviting applications for selection to the post of Lecturer." 4. Petitioner in the O.P. submitted that a candidate need only complete M.Phil, course prior to 31st December, 1992 and the advertisement in vernacular published in Mathrubhumi daily, dated 4th January, 1997 shows that a person need only to complete the course on or before the above mentioned date. In such circumstance, counsel submitted that the petitioner is fully qualified for applying for the post in question. We may in this connection consider the background on which qualifications have been laid down in the Special Rules as well as in the notification published by Public Service Commission. The post in question is covered by U.G.C. Scheme. 5. In 1989 a conference of Vice Chancellors was held under the auspices of the U.G.C. and one of the major recommendations made in the said conference was: "The national level test to determine the eligibility for lecturers be conducted. When the State Government conducts such tests, while accrediting them caution be exercised." Keeping in view the said recommendations the U.G.C. made the 1991 Regulations which were notified vide notification, dated 19th September 1991. When the State Government conducts such tests, while accrediting them caution be exercised." Keeping in view the said recommendations the U.G.C. made the 1991 Regulations which were notified vide notification, dated 19th September 1991. The 1991 Regulations superseded the 1982 Regulations and prescribed the following minimum qualifications for the post of Lecturers in Universities and Colleges: "Good academic record with atleast 55 per cent marks or on equivalent grade at Master's level in the relevant subject from an Indian University or an equivalent degree from a foreign University. Candidates besides fulfilling the above qualifications should have cleared the eligibility test for lecturers conducted by U.G.C., C.S.I.R. or similar test accredited by the U.G.C." By circular, dated 10th February 1993 the U.G.C. granted exemption from appearing in the eligibility test to the following categories: 1. All candidates who have passed U.G.C./ C.S.I.R.J.R.F. Examination. 2. All candidates who have already been awarded Ph.D. degree. 3. All candidates who have already been awarded M. Phil degree upto 31st March 1991 4. All candidates who will submit their Ph.D. thesis upto 31st December 1993. By circular, dated 15th June 1993 in respect of candidates falling in category (3) exemption from appearing in the eligibility test was extended to candidates who had been awarded M.Phil, degree upto 31st December, 1992. By a notification, dated 21st June, 1995, the 1991 Regulations have been amended and the following proviso has been added below the requirement regarding clearing the eligibility test for appointment on the post of Lecturer: "Provided that candidates who have submitted Ph.D. thesis or passed the M.Phil, examination by 3Ist December, 1993 are exempted from the eligibility test for lecturers conducted by U.G.C., C.S.I.R. or similar test accredited by the U.G.C." The validity of fixation of cut-off date as 31st December, 1993 for submission of the Ph.D. thesis as well as passing of M.Phil Examination came up for consideration before the High Court of Punjab and Haryana. High Court found that the fixation of date as 31st December 1993 was arbitrary and unreasonable. High Court found that the fixation of date as 31st December 1993 was arbitrary and unreasonable. Matter was taken up before the Apex Court and Apex Court in University Grants Commission v. Sadhana Chaudhary ((1956) 10 SCC 536), considered the scope of the University Grants Commission (Qualifications required of a person to be appointed to the Teaching Staff of a University and institutions affiliated to it) Regulations, 1982 and held as follows: "At the time when the 1991 Regulations were made the provisions contained in the 1982 Regulations had given rise to a legitimate expectation that a person having a Ph.D. or M.Phil, degree and having good academic record as prescribed under the 1982 Regulations would be eligible for appointment on the post of Lecturer without anything more. While introducing the requirement of clearing the eligibility test in the 1991 Regulations, the U.G.C. did not intend to deprive the persons who had obtained M. Phil, degree or Ph.D. degree prior to the making of the 1991 Regulations of their legitimate expectation in the matter of appointment on the post of Lecturer in Universities or Colleges. It was also felt that the said requirement in the 1991 Regulations should not operate to the prejudice of persons who, having regard to the qualifications prescribed in the 1982 Regulations, had registered for the Ph.D. degree or had joined study for M.Phil degree course prior to making of the 1991 Regulations and therefore, provision was made for granting exemption to such candidates with the condition that they should have passed M.Phil, examination or should have submitted Ph.D. thesis by a particular date. Insofar as the date of submission of Ph.D. thesis is concerned the said date, i.e., 31st December, 1993, has remained unchanged in the Circulars, dated 10th February, 1993 and 15th June 1993 and the notification, dated2lstJune 1995. For M.Phil. degree the date was, however, changed from 31st March 1991 to 31st December 1992 by Circular dated 15th une 1993 and from 31st December 1992 to 31st December 1993 by notification, dated 21st June 1995. The amendment in the 1991 Regulations that has been made by the notification, dated 21st June 1995, in substance, postpones the date of applicability of the requirement regarding clearing the eligibility test in the 1991 Regulations till 31st December, 1993 in respect of candidates who had joined the M.Phil, course or registered for Ph.D. degree. The amendment in the 1991 Regulations that has been made by the notification, dated 21st June 1995, in substance, postpones the date of applicability of the requirement regarding clearing the eligibility test in the 1991 Regulations till 31st December, 1993 in respect of candidates who had joined the M.Phil, course or registered for Ph.D. degree. Such candidates constitute a distinct class who could be treated separately insofar as the requirement of clearing the eligibility test was concerned. Such a classification of the candidates for the purpose of applicability of the requirement of clearing the eligibility test has a rational basis which has a reasonable nexus with the object sought to be achieved by the 1991 Regulations. We are, therefore, unable to hold that the exemption that has been granted by the amendment introduced in the 1991 Regulations by notification, dated 21st June 1995 is violative of the right to equality guaranteed under Art.14 of the Constitution." The abovementioned decision of the Apex Court would indicate that the U.G.C. wanted the last date of submission of the Ph.D. thesis as well as the passing of the M.Phil degree as 31st December, 1993. In fact this decision of the U.G.C. should have been incorporated in the Special Rules for Collegiate Education Service, 1994. We notice this was an omission. In fact the Government vide their letter G.O. (Ms.) 103/95/H.Edn., dated 27th October 1995 addressing the Director of Collegiate Education, Thiruvananthapuram stated as follows : "In the Government order above candidates who have done M.Phil, upto 31st December 1992 and candidates who have submitted Ph.D. thesis upto 31st December 1993 have been exempted from passing the N.S.T. for Lectureship. In the notification read above the U.G.C. have amended the U.G.C. (qualifications required of a person to be appointed to the teaching staff of a University and Institutions affiliated to it) Regulations, 1991 so that candidates who have submitted Ph.D. thesis by 31st December 1993 and candidates who have passed M.Phil. Examination by 31st December 1993 are exempted from the eligibility test for Lecturers conducted by U.G.C.,C.S.I.R. or similar test accredited by U.G.C. The G.O. read above stands modified to the above extent". The abovementioned order was sent to the Public Service Commission as well. Public Service Commission could have incorporated the said qualification in the notification. Examination by 31st December 1993 are exempted from the eligibility test for Lecturers conducted by U.G.C.,C.S.I.R. or similar test accredited by U.G.C. The G.O. read above stands modified to the above extent". The abovementioned order was sent to the Public Service Commission as well. Public Service Commission could have incorporated the said qualification in the notification. When we look into the notification published in the vernacular in the Mathrubhumi daily we are of the view petitioner is right in his contention that those persons who had submitted Ph.D. thesis by 31st December 1993 and those candidates who had completed M.Phil. Examination by 31st December, 1992 are also exempted from eligibility test for Lecturers conducted by U.G.C., C.S.I.R. or similar test accredited by U.G.C. The qualification laid down by the U.G.C. is made applicable to all over the country. We are of the view the Kerala Public Service Commission and the State Government have committed an error in not incorporating the U.G.C. qualification in the P.S.C. notification and also not carrying out the amendment of the Special Rules. We notice the notification published in Malayalam is not in tune with the notification issued by the U.G.C., dated 21st June 1995 and Ext. P-4, dated 27th October 1995 sent by the State Government to Public Service Commission. In such circumstance, we are of the view it would be illegal if the petitioner's application is not considered by the Public Service Commission. Under such circumstance, we find no reason to disturb the finding of the learned Single Judge. Appeal therefore lacks merits and the same is dismissed.