K.S. Radhakrishnan, J.

The question that has come up for consideration in this case is whether a member of non-teaching staff working in the High School is eligible for appointment to the post of HS A (Hindi) in accordance with Notes 1 and 2 of R.1(1) of Chapter XIV- A of the Kerala Education Rules if there is no other teacher eligible for promotion to such post. Learned single judge held in view of sub-r.2 of R.43-B of Chapter XIV-A K.E.R.,if qualified teacher as mentioned in sub-r.1 are not available in the schools under the same educational agency for promotion to the post of High School Assistant in that language, qualified candidates from the outside may be appointed to the post. Learned Judge took the view that since the post of peon does not come within the feeder categories mentioned in R.43-B. qualified candidates from outside has to be considered for appointment to the post of High School Assistant even if non-teaching staff is qualified.

2. In order to, understand the legal provision we have to examine certain facts. We may describe the parties according to their status in the Writ Petition. Fourth" respondent was working as a Peon in Viswabharathi Model High S