Abdul Gafoor, J.

We will deal with the Writ Appeal first. It will resolve the dispute in the Original Petitions.

2. The issue is whether the first appellant ought to have appointed the second respondent as Higher Secondary School Teacher (English) against the vacancy earmarked for in service candidates on commencement of the academic year 1999-2000 during which five vacancies of such teachers had been filled up.

3. As per Exhibit P2 order prescribing method of appointment, twenty-five per cent of the vacancies shall be earmarked for qualified High School Assistants and Primary School Teachers working under the management. The first appellant is the Manager of the School concerned. The Higher Secondary course was started in the year 1998. During that year 12 posts were sanctioned. The first appellant did not fill up all the vacancies. Post of Higher Secondary School Teacher (Hindi) was kept vacant. Even though the petitioner in O.P.No.12706 of 2003 was in service as UPSA (Hindi), he was not promoted against that vacancy. He claims that he was qualified during the year 1998-99 even on the strength o Exhibit P2 Government Order in that Original Petition.

4. During the year 199