K. K. Denesan, J.

Manager of a private aided school, governed by the Kerala Education Act and the Rules, is the petitioner. On 1.4.1997 a vacancy of H. S. A. ( Social Studies ) arose in the school. Petitioner filled up that vacancy by promoting the additional 4th respondent under R.43 of Chapter XIV A of K. E. R. But the 2nd respondent-District Educational Officer declined approval to the promotion as per Ext. Pll dated 16.1.1998 on the ground that it was done overlooking the claim of the senior hand.

2. From the facts stated in the Original Petition it is seen that the senior hand referred to in Ext. P11 is respondent No. 3. By Ext. P10 dated 2.12.1997 the 2nd respondent had informed the petitioner, in response to a complaint filed by the 3rd respondent that on verification of her service book and qualification certificates, she has got continuous service as U. P. S. A. from 7.6.1993 onwards and she is fully qualified for promotion as H. S. A. (Social Studies).

3. Petitioner seeks to quash Exts. P10 and P11 as also Ext. P12 Government Order dated 22.8.1987. Ext. P12 says that candidates possessing Post-graduate qualifications in the concerned subject or language are also eligible for appointment as H. S. A. (Subject) or HSA (Language).

4. According to the petitioner, respondent No. 3 is not qualified for promotion to the post of HSA(Social Studies ). It is contended that Ext. P12 is liable to be eschewed from consideration as it is inconsistent with the statutory provision which prescribes the qualification for the post.

5. R.2(2) (a) of Chapter XXXI which prescribes the qualification of High School Assistants (Subjects ) reads:

"A Degree in the concerned subject and B. Ed. /B. T. /L. T. conferred or recognised by the Universities in Kerala. "

6. It is an admitted fact that there is no degree recognised by the University as such in the subject called Social Studies. Therefore the qualifying degree or degrees have to be ascertained with reference to any rule or order issued in that behalf. None of the provisions in the Kerala Education Rules throws light on the qualifying degree required for H. S. A. (Social Studies). However, Ext. R3(a) Government Order dated 25.10.1967 has done a grouping and as per that grouping the qualifications for HSA (Social Studies) are Degree in History or Economics or Geography or Politics or Commerce or English Language and Literature or Philosophy or Music as main subject for graduation. Ext. R3(b) Government Order dated 3.6.1978 says that any of the foregoing main subjects for Post-graduation also will be considered as qualification for the post of H. S. A. (Social Studies). Ext. R3(c) Government Order dated 7.12.1988 was issued taking into account the need for improving the quality of teaching English language in High School Classes. Ext. R3(c) took cognizance of the fact that English language was taught by the High School Assistants ( Core Subjects ) and this gave rise to demand from various quarters for improving the need for teaching English Language and for that a separate cadre of High School Assistant (English) would be created exclusively for teaching English language in High School Classes. In this background, Government considered the proposals submitted by the Director of Public Instructions and issued certain orders. One of the directions issued by the Government as per Ext. R3(c) is that while sanctioning additional or new posts of High School Assistants (Social Studies) the staff fixation will be done in such a way that there should be at least one post of graduate teacher in English language and Literature. As far as Government High Schools are concerned, it was decided by the Government that out of 10 posts of High School Assistants (Social Studies) reported to the Public Service Commission for direct recruitment, the third and seventh vacancies should be earmarked for graduates in English language and Literature.

7. On the strength of Exts. R3(a) to (c), respondents 1 to 3 co