Koshy, J.

Short question to be decided in these two writ appeals is whether a language teacher with L.T.T.C. (Language Teachers' Training Certificate) or with Vidwan title can be appointed as Headmistress in U.P. School or L.P. School. In other words, whether L.T.T.C. can be treated as equivalent to B.Ed., T.T.C. or T.C.H. or equivalent training qualification prescribed. Rule 45 Chapter XIV A of the Kerala Education Rules, 1959 (for short KER), deals with appointment of Headmaster in U.P. Schools and Rule 45A deals with appointment of a Headmaster in L.P.School. W.A.No. 61 of 1999 deals with appointment of a Headmaster in an U.P.School and W.A.No. 383 of 2001 deals with appointment of a Headmaster in an L.P.School. In O.P.No. 12561 of 1998 (W.A. 383 of 2001), the learned Single Judge held that L.T.T.C. is not an equivalent qualification to T.T.C., T.C.H. or an equivalent training qualification for appointment as a primary assistant. Hence, in the absence of any approved training qualification a teacher with L.T.T.C. cannot be appointed as Headmaster in an L.P. School whereas, another learned Single Judge in the impugned judgment in O.P. No. 17324/98 (W.A.No. 61 of 1999) held that L.T.T.C. is equivalent training qualification to B.Ed.and T.T.C. and, therefore, such persons are qualified to be appointed as Headmaster in U.P.School.

2. Before deciding the issue, we may quote the relevant rules. Rules 45 and 45 A of Chapter XIV (A) of KER which are as follows:

"45. Subject to rule 44, when the post of Headmaster of complete U.P. School is vacant or when an incomplete U.P. School, the post shall be filled up from among the qualified teachers on the staff of the School or Schools under the Educational Agency. If there is a Graduate teacher with B.Ed. or other equivalent qualification and who has got at least five years experience in teaching after acquisition of B.Ed. Degree he may be appointed as Headmaster provided he has got a service equal to half of the period of service of the seniormost undergraduate teacher. If graduate teachers with the aforesaid qualification and service are not available in the School or Schools under the same Educational Agency, the seniormost Primary School Teacher with S.S.L.C. or equivalent and T.T.C. issued by the Board of Public Examination, Kerala or T.C.H. issued by the Karnataka Secondary Education Examination Board, Bangalore or a pass in Pre-degree Examination with Pedagogy as an elective subject conducted by the University of Kerala or any other equivalent training qualification prescribed for appointment as Primary School Assistant may be appointed.

Note: The language/specialist teachers, according to their seniority in the combined seniority list of teachers, shall also be appointed as Headmaster of U.P. School or Schools under an Educational Agency provided the teacher possesses the prescribed qualification for promotion as Headmaster of U.P. school on the date of occurrence of vacancy.

45A. Subject to rule 44, when the post of Headmaster of a complete L.P.School is vacant or when an incomplete L.P. School becomes complete, the post shall be filled up from among the qualified teacher on the staff of the school or schools under the Educational Agency. The person appointed as Headmaster shall have passed SSLC or equivalent Examination with T.T.C. issued by the Board of Public Examination, Kerala or T.C.H. issued by the Karnataka Secondary Educational Examination Board, Banglore or pass in pre-degree Examination with Pedagogy as an elective subject conducted by the University of Kerala or any other equivalent training qualification prescribed for appointment as Primary School Assistant. In the case of those who are continuing as teachers with Standard VII or its equivalent with H.E.T.T.C. or its equivalent training qualification, they shall have 12 years of continuous qualified service as Assistant for appointment as Headmasters of Lower Primary Schools.

NOTE:- The Language/specialist te