Denesan, J.

These writ appeals arise from the judgment in W.P.(C)No.27307 of 2004. They were heard together and are disposed of by this judgment.

2. Thattolikara U.P. School, Chombala is an aided private school governed by the provisions of the Kerala Education Rules. W.P.(C).No.27307 of 2004 was filed by the Manager of the school as the 1st petitioner and Smt. P. Anitha, who was appointed as the Headmistress of the school, as the 2nd petitioner. They are the appellants in W.A.No.876 of 2006. Shri. P. Nanu, the 5th respondent in the writ petition and rival claimant for the post of Headmaster, is the appellant in W.A.No.1022 of 2006. Parties are referred to, hereinafter, as they are shown in the cause title of the writ petition.

3. The post of Headmaster fell vacant on 29-9-2003. The 1st petitioner appointed the 5th respondent as Teacher in charge against the said vacancy. Subsequently, on 14-10-2003, the 2nd petitioner was appointed as the Headmistress. Objections raised by the 5th respondent before respondents 2 to 4 were rejected and the appointed of the 2nd petitioner was approved. The matter was carried in revision before the 1st respondent-Government. As per Ext.P10 order, the Government reversed the orders passed by the lower authorities and held in favour of the 5th respondent. Challenging Ext.P10 order, the petitioners filed the writ petition.

4. Before the Learned Single Judge, contentions for and against Ext.P10 order were raised by the respective parties. The learned Judge held that the 2nd petitioner possessed the academic, the training and the service qualifications for the post of Headmaster but did not possess the requisite test qualification as on the date of occurrence of the vacancy and declined to interfere with Ext.P10 order. The finding against the petitioners is under challenge in W.A.No.876/06. The 5th respondent, while seeking to sustain the order dismissing the writ in so far as the learned Single Judge held that the 2nd petitioner had service equal to half the period of his service. According to the 5th respondent the 2nd petitioner had not acquired the test qualification prescribed under Rule 45B, for two reasons: (i) The acquisition of the qualification is after the date of occurrence of the vacancy and (ii) Out of the 4th papers for Account Test (Lower), the 2nd petitioner had passed three papers in Account Test (Lower) and paper in Account Test (Higher) which is not sufficient to make her test qualified.

5. We have heard Shri. Kurian George Kannanthanam, learned counsel for the appellants in W.A.No.876 of 2006, Shri. George Abraham, learned counsel for the appellant in W.A.No.1022 of 2006 and learned Govt. Pleader for the State and other educational authorities.

6. Rule 45 of Chapter XIVA, K.E.R. governs the appointment of Upper Primary School Headmasters. For easy reference the above rule is extracted below:

“45. Subject to rule 44, when the post of Headmaster of complete U.P. School is vacant or when an incomplete U.P. School becomes a complete U.P. School, the post shall be filled up from among the qualified teachers on the staff of the School or Schools under the Educational Agency. If there is a Graduate teacher with B.Ed. or other equivalent qualification and who has got at least five years experience in teaching after acquisition of B.Ed. Degree he may be appointed as Headmaster provided he has got a service equal to half of the period of service of the senior most under graduate teacher. If graduate teachers with the aforesaid qualification and service are not available in the School or Schools under the same Educational Agency, the senior most primary School Teacher with S.S.L.C. or equivalent and T.T.C. issued by the Board of Public Examination Kerala or T.C.H. issued by the and service are not available in the School or Schools under the same Educational Agency, the senior most primary School Teacher with S.S.L.C. or equivalent and T.T.C. issued by the Board of Public Examination K