K.S. Radhakrishnan, J.

This appeal is preferred by the Manager of an aided aggrieved by the judgment of the learned single judge upholding rule 51 A claim of the writ petitioner for appointment to the post of High School assistant (Mathematics) in the vacancy which arose in this school on 6.6.2001. Appellant-Manager took up the stand that writ petitioner was appointed by an incompetent manager. Consequently the very appointment of the writ petitioner earlier was illegal and irregular.

2. Counsel for the writ petitioner - first respondent herein placed reliance on the decision of a Division Bench of this court in Padmanabhan Nambiar v. Government of Kerala (1997 (2) KLT 725). Writ petitioner was appointed by one N.K. Poulose, then approved Manager of the school in a leave vacancy which arose from 17.11.1997 to 17.1.1998 by appointment order dated 17.11.1997. That appointment was approved by the District Education Officer on 16.2.1998. Vacany of H.S.A. (Mathematics arose in the school with effect from 6.6.2001. Writ petitioner expected since he was a Rule 51-A claimant he would be appointed in the said vacancy by the present Manger. Instead, Manager invited applications fr