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department seeking appointment by transfer and that it was intended to govern only direct recruits. Relying on rule 8 of the Kerala Transport Subordinate Service Rules, 1964, a copy of which is produced as Ext.P3, it is contended that formerly, ministerial staff of the department appointed by transfer as Assistant Motor Vehicles Inspector were only required to undergo training for a period of six months at the Central Workshop of the State Transport Department at Pappanamcode or in any other workshop, notified by the Government from time to time. The petitioners also contend that Note 1 to rule 5 (2) of the Kerala Transport Subordinate Service Rules, 2008, a copy of which is produced as Ext.P6, which stipulates that the working experience shall be one acquired after having acquired the requisite educational qualification and the workshop from which such experience has been acquired shall be one registered with the Government, is arbitrary, unreasonable and discriminatory. In this writ petition the petitioners seek a declaration that the prescription of working experience of atleast one year in a reputed automobile workshop which undertakes repairs of both light motor vehicles, heavy goods vehicles and heavy passenger motor vehicles fitted with petrol and diesel engine in rule 5(2) thereof and Note I thereto, which stipulates that the working experience shall be one acquired after having acquired the  and connected cases.

Assistant Motor Vehicles Inspector. The Kerala Public Service Commission had also stipulated that the working experience prescribed by the Central Government should be one acquired after acquisition of the basic qualification prescribed for the post, that the experience should be from a Government approved workshop and that experience in the capacities of paid and unpaid apprentices, trainees and casual labourers will not be accepted. The said stipulation was challenged in this Court. It was contended that the notification issued by the Central Government is not a special rule or a recruitment rule and therefore, the stipulation in rule 10(ab) of the Kerala State and Subordinate Services Rules, 1958 that the working experience should be one gained after acquisition of the basic educational qualification has no application. It was also contended that in the notification issued by the Central Government there is no indication that the working experience should be gained after acquisition of the basic educational qualification. The Kerala Public Service Commission resisted the writ petition, contending, inter alia, that as Section 213(1) of the Motor Vehicles Act, 1988 empowers the State Government to establish a Motor Vehicles Department and to appoint such persons, as it thinks fit, as officers in that department, the State Government can frame and issue its own rules in addition to the minimum qualifications prescribed by the  and connected cases.

3. Working experience of at least one year in a reputed automobile workshop which undertakes repairs of both light motor vehicles, heavy goods vehicles and heavy passenger motor vehicles fitted with petrol and diesel engine.

Note:- The working experience shall be one acquired after having acquired the requisite educational qualification and the workshop from which such experience has been acquired shall be one registered with Government.

and connected cases.

3. Working experience or at least one year in a reputed automobile workshop which undertakes repairs or both light motor vehicles, heavy goods vehicles and heavy passenger motor vehicles fitted with petrol and diesel engine.

Note I:-The working experience shall be one acquired after having acquired the requisite educational qualification and the workshop from which such experience has been acquired shall be one registered with Government.