Koshy, J.

The petitioner (appellant in W.A.No.1989 of 2004) claimed appointment as a teacher in the school of the first respondent (appellant in W.A.No.1169 of 2004) under rule 51B of Chapter XIV A of Kerala Education Rules (for short ‘KER’). Rule 51B provides as follows:

“51B/ The Manager shall give employment to a dependent of an aided school teacher dying in harness. Government orders relating to employment assistance to the dependents of Government servants dying in harness shall mutates mutandis, apply in the matter of such appointments.”

Her father while working as a teacher in the first respondent school died on 28-6-2000. A vacancy of teacher arose on 31-3-2004. Petitioner was fully qualified and entitled to apply invoking rule 51B and she applied in time. Appointments in the schools are made after mis-summer vacation from the starting of new academic year. But, instead of appointing the petitioner, first respondent manager appointed additional third respondent with effect from 2-6-2004 on the ground that he has got a better claim under rule 51A, KERs. He was also fully qualified to hold that post. Rule 51A, KERs. Reads as follows:

“51A. Qualified teachers who are r