J.B. Koshy, J.

Petitioner is working as a teacher in the Upper Primary School, Kunnamkulam. Apart from T.T.C. he had passed B.A. (History) from Calicut University and by attending correspondence course of Annamalai University during 1981-82 he had passed the B Ed degree examination in the year 1982. Ext. P1 is the B .Ed degree issued by the Annamalai University. The degree was awarded in December, 1982. A vacancy of Headmaster arose on 1.6.1994. Petitioner being the senior most graduate teacher claimed that post. But the above post was filled up by the fifth respondent as B.Ed degree of the 5th respondent was a recognised one, whereas the B.Ed degree obtained by the petitioner was not a recognised one. It is also submitted that petitioner is a T.T.C. holder and a graduate teacher, whereas the 5th respondent has no T.T.C. R.45 of Chapter XIV (A) of the Kerala Education Rules prescribes the method of appointment of a Headmaster with qualification. R.45 reads as follows:

"45. Subject to R.44, when the post of Headmaster of complete U.P. School is vacant or when an incomplete U.P. School becomes a complete U.P. School, the post shall be filled up from among the qualified teac