St.Mary’s U.P. School, Njarakkal is an institution under the St.Mary’s Educational Agency, a corporate educational agency. Smt. K.A. Mary was promoted as the Headmistress of that school. The statutory authorities, including the Government, have concurrently refused approval for such promotion, upholding the contention of Smt. K.K. Lalitha, that she was entitled to be appointed in preference to Smt. K.A. Mary, in terms of Rule 45 in Chapter XIV of the Kerala Education Rules, 1958, hereinafter referred to as the ‘KER’, for short, framed and issued by the Government of Kerala, in terms of authority conferred by Section 36 of the Kerala Education Act, 1959, hereinafter referred to as ‘the Act.’ W.P(c).26374/04 is filed by the management challenging that decision, while W.P(c).11114/04 is filed by Smt. Lalitha, seeking a direction to the Manger to appoint her as the Headmistress with effect from 1.6.2001, the date of occurrence of that vacancy, with all attendant benefits, contending that the Manager is not complying with the successive orders of the statutory authorities.

2. Smt. Lalitha is a graduate teacher, while Smt. Mary is an under-graduate teacher.

3. As of now, the co