P.K. Balasubramanyan, J.

The Original Petition giving rise to this writ appeal was filed by the manager of an aided school and a sewing mistress appointed in the lower primary school of which he was the Manager. In terms of Chap. XXIII of the Kerala Education Rules sewing mistress is a specialised teacher. Appointment of petitioner No. 2 was on 1.6.1987. The post was earlier occupied by one K. Indiramma. Indiramma had continuous service in the school as a sewing mistress from 3.6.1967 onwards. Indiramma retired on 31.3.1987. The educational authority refused to approve the appointment of petitioner No. 2 on the ground that under R.2(3) of Chap. XXIII of the Kerala Education Rules, no post of specialised teacher could be treated in any lower primary school and what was saved by the proviso to that Rule was only the person who was holding the post of a specialised teacher in a lower primary school before the commencement of the academic year 1969-70. According to the petitioners, what was saved by the proviso to R.2(3) of the Chap. XXIII of Kerala Education Rules, was a post of specialised teacher that existed prior to the academic year 1969-70 and not merely the incumbent