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4. As per the Special Rules for Kerala Technical Education Service, there are Special Rules for two types of Polytechnics, namely, (1) Class C - Polytechnics and (2) Class F - Women's Polytechnics. In the Special Rules for Class C - Polytechnics, the post of Head of Section was introduced by G.O(P) No. 261/89/H. Edn. dated 19-12-19809. But, in the Special Rules, there is no post of Head of Section in Class F - Women's Polytechnics even now. In Class C - Polytechnics, the post of Head of Section was to be filled up by promotion from the category of Lecturer in Polytechnics/Post Diploma Lecturers/Superintendents of Technical High Schools/Workshop Superintendents of Polytechnics/Instructor Grade I in Engineering Colleges and in the absence of the above, by direct recruitment. The qualifications prescribed for the post was a Degree in the appropriate branch of Engineering or Technology or any other qualifications recognised by Government as equivalent thereto with not less than 60% marks in the qualifying examinations (In the case of promotions, 60% marks will not be insisted upon) and eight years experience in Engineering profession of which at least three years should be teaching experience as lecturer not below the Diploma level in recognised/approved institutions.

10. At the outset, I am of opinion that the Government has sadly failed in properly classifying the newly established Women's Polytechnic properly under the Special Rules and in framing appropriate Special Rules for the newly created posts. As per the Special Rules, Polytechnics are classified as Class C - Polytechnics and Class F - Women's Polytechnics. There is nothing in the orders establishing the Residential Women's Polytechnic, Payyannur as to under which category it falls. Going by the nomenclature, it should be classified under Class F - Women's Polytechnic. But, the posts sanctioned are those prescribed for Class C - Polytechnics in the Special Rules, going by the presence of the post Head of Section among the same, which post is absent in Class F - Women's Polytechnics. But, it must be noted that the Special Rules do not contemplate a non-engineering post like Head of Section in the subject, Computer Application and Business Management. No Special Rules are prescribed for the post of Head of Section in Computer Application and Business Management, which is not an Engineering discipline. In the Special Rules for Class C-Polytechnics, the post of Head of Section is to be filled up by promotion from the category of Lecturer in Polytechnics/Post Diploma Lecturers/Superintendent of Technical High Schools/Workshop Superintendents of Polytechnics/Instructor Grade I in Engineering Colleges or in the absence of qualified hands under the above categories by direct recruitment. By Ext. R2(b) Government Order, posts of Head of Sections are sanctioned in each of the four branches or subjects, but no corresponding post of lecturers are sanctioned for the subjects from which promotion can be made to the posts. The post of lecturer is sanctioned only for Mathematics, Physics, Chemistry and English. The method of recruitment and qualifications are also not prescribed for the posts in the Government Order. At the same time, the Special Rules do not contemplate the posts of Head of Section in Computer Applications and Business Management and Lecturer in Mathematics, Chemistry, Physics and English. Therefore, the state of affairs in the Residential Women's Polytechnic, Payyannur can certainly be termed as nebulous, in the absence of Special Rules for the said posts. Respondents 1 and 2 have no case that the Residential Women's Polytechnic, Payyannur is not an institution coming under the Kerala Technical Education Service in which case, the same has to come under either Class C - Polytechnics or Class F - Women's Polytechnic. Then the posts sanctioned in the institution should have been those included in the Special Rules applicable. When the Government createed new posts, Special Rules ought to have been amended to include those posts also. The minimum the Government should have done was to prescribe the method of recruitment and qualifications for the newly created posts pending amendment of the Special Rules. In this case, the Government has done neither, which has led to this nebulous state of affairs. This state of affairs cannot continue further in the interest of the institution.