JUDGMENT

Deepak Verma, J.

1. Leave granted.

2. Short but important question of law, having great impact is required to be considered by us in this appeal. The question is with regard to interpretation of Note 2 appended to Rule 43 in Chapter XIV A of Kerala Education Rules, 1959 (hereinafter shall be referred to as 'the Rules') framed under Kerala Education Act, 1953. The relevant Note (2), is reproduced herein below:

"Note: (2) Promotion under this rule shall be made from persons possessing the prescribed qualifications at the time of occurrence of vacancy." (Emphasis supplied by us)

3. The question to be considered by us is, which would be the relevant date for possessing prescribed qualification whether at the time of occurrence of vacancy or at the time the appointment is to be made.

4. To decide the aforesaid controversy, factual matrix required to be mentioned is as under:

5. A vacancy to the post of High School Assistant, (in short, H.S.A.) (Hindi) arose on 1.7.2003, in the Guhanandapuram School run by Devaswom Committee. On 10.8.2003, an advertisement for selection of a teacher for the said post was issued by the management. On coming to know about the vacancy, the appellant