Siri Jagan, J.

This writ appeal comes up for hearing before this Full Bench since a Division Bench was of the opinion that the Full Bench decision of this Court in Sasidharan Nair v. State of Kerala, 2003 (1) KLT 998, which overruled the Division Bench decision in Manager, AUP School v. State of Kerala, 1988 (1) KLT 402, requires reconsideration at the hands of a larger Bench.

2. The bone of contention in this case, between the appellant and the 1st respondent, is the post of Headmaster of an aided U.P. School on promotion under Rule 45 of Chapter XIV A of the Kerala Education Rules (KER). The 1st respondent is a matriculate with T.T.C and the senior most teacher of the school. After having entered service as an Assistant Teacher in another aided L.P. School on 2-6-1975, he joined the present school on 10-8-1977 after obtaining transfer in terms of Rule 11, Chapter XIV A of the KER, as the junior most teacher of the present school on 10-8-1977. The appellant commenced service in the present school on 8-2-1988. But, he is a graduate with B.Ed.

3. On 1-6-1999, the post of Headmaster of the school became vacant. Rule 44(1) of KER stipulates that the appointment of Headmasters