1. The conflict of judicial opinion on the true meaning and import of R.6B, Chap.XXIII of Kerala Education Rules, 1959, appears to have necessitated the reference of these cases to a Full Bench.

2. R.6B(1) as amended on March 6,1979 inter alia provides as under:

"(1). Notwithstanding anything contained in any other rules in this Chapter no posts of specialist teacher or craft teacher shall be created in any upper primary school or upper primary sections of high schools for a period of 6 years from the school year 1969-70:

Provided that the posts sanctioned before 1969-70 against which specialist teachers and craft teachers are appointed and approved and such teachers who are qualified according to the rules then in force may however continue as such."

3. The contention on behalf of the petitioners in these cases is that even though Cl.(1) had placed an embargo on the creation of posts of specialist teachers in the upper primary schools, yet by virtue of the proviso the posts sanctioned before the year 1969-70 against which the appointments had already been made and approved were to continue. On the other hand, the claim on behalf of the respondents is that the proviso gives