JUDGMENT

Pattanaik, J.-These batch of cases, some of which are appeals against the judgment of the Kerala High Court, and some others are Writ Petitions directly filed under Article 32 of the Constitution in this Court relate to the same problem, namely, appointment of teachers for teaching class XI and XII and the procedure to be adopted for the same. The Kerala Education Act, 1958 (hereinafter referred to as The Act ), was passed by the Kerala Legislature to provide for better organisation of general education in the State of Kerala. The said Act has been amended from time to time to meet the needs of the situation. The Act made provisions for the aided school, the existing school as well for minority schools. Under the Act, qualification for appointment of teachers have been provided for and mode of appointment of teachers in aided school also has been provided for together with the condition of service of such teachers. Section 36 of the Act confers power on the State Government to make Rules and all such Rules made is required to be laid before the Legislative Assembly for not less than fourteen days, as provided under Section 37. In exercise of the powers under Section 36 the Kerala Education Rules have been framed (hereinafter referred to as The Rules ). There are different chapters in the said Rule and each chapter contains a number of Rules. The schools for General Education are of two grades, called Primary and Secondary. Standard 1 to 7 are collectively known as the Primary Grade and the same again is sub-divided into Lower Primary and Upper Primary. Standard 8 to 10 are collectively known as Secondary Grade but when standard 11 is added to 8 to 10 then they are collectively known as Higher Secondary Grade. Such Rules were framed keeping in view the courses of education available in the general line at the relevant point of time. Rule 43 in Chapter XIV provided for the manner in which vacancies in any higher grade of pay should be filled up by promotion of qualified hands in the lower grade according to the seniority. The aforesaid Rule is subject to the Rules 44 and 45, which Rules deal with the appointment of Head Master. It is to be noted that until National Educational Policy envisaging a common educational structure in the country to have 10+2+3 year structure in the State of Kerala the schools used to impart education till class 10 and a 2 year course used to be imparted thereafter, called pre-degree and then the degree courses used to be 3 years course. The level in between the secondary and degree, which is of 2 years duration and is commonly called Higher Secondary and the persons to be appointed for imparting education in those two standards are the subject matter of challenge in these group of cases. There are different sets of appellants/applicants before us, namely, the Teachers of Private Schools for these two classes, the Teachers of Government Schools, the Management of the Schools, the Private Managers of non-minority schools, the Managers of Minority schools, as well as some un-employed qualified persons seeking employment to the schools. The State of Kerala issued a Government Order on 13.5.1998 indicating the Government permission for opening up of Higher Secondary grade during the academic year 1998-99 in the schools appended to the order. It also provided for a method for appointment of the teachers who would be required to teach in the Higher Secondary grade. As the method indicated thereunder was substantially varying from the method earlier adopted, Writ Petitions were filed before the High Court. It may be stated at this stage that in accordance with the National Educational Policy the system of 10+2+3 course were adopted in the State of Kerala in the year 1992 and since then till the Government letter dated 13.5.1998 emanated, theprescribed mode of appointment of teachers to teach in the Higher Secondary grade was same as the mode of appointment of teachers provided under the Rules in Ru