JUDGMENT

A.K. Mathur, J.—This appeal is directed against the order passed by the Division Bench of Kerala High Court in W.A. No. 413 of 2001 dated 11.1.2001 whereby the appeal filed by the respondent No.1 herein was allowed by the Division Bench and the judgment of learned Single Judge of the High Court was set aside.

2. Brief facts which are necessary for disposal of this appeal are that the respondent No.1 – V. Ananthakumari (hereinafter referred to as respondent) was working as a Peon in Viswabharathi Model High School. She was appointed as a Peon on 19.6.1984 and the appointment was approved. She possessed all necessary qualification for being considered for appointment as High School Assistant (Hindi). On account of retirement, a vacancy in High School Assistant (Hindi) arose in the School on 1.4.2000. Since other incumbents in the School were not eligible and respondent alone was eligible for being considered for appointment to the said post, therefore, she made a request to management to consider her case but the Management did not accede to her request and rejected the same. Appointment was given to one P. Rajeev - the appellant herein vide Ext.P1 dated 1.8.2000. This