K.G. Balakrishnan, J.

This is an appeal preferred by the third respondent in O.P. 504 of 1996. Third respondent herein who is a Manager of an aided school, filed Original Petition challenging the validity of Ext. P2 order passed by the Deputy Director of Education, Kollam. He contended that the appellant herein was not entitled to get appointment to the post of Headmistress of the school under Rr. 44 and 45 of Chap. XIV-A K.E.R.

2. The facts in short are as follows: Upper Primary School, Inchivila was formerly an L.P. School. When it became a U.P. School the then senior-most under-graduate teacher one P.D. Mariamma was promoted as the Headmistress of the School. The said appointment was sent up for approval to the A.E.O., Kollam. The A.E.O. declined approval on the ground that the appellant herein was having more than one half of the service of the senior-most under-graduate teacher and she being a graduate, was entitled to get appointment to the post of Headmistress of the School. On the date of occurrence of the vacancy of Headmaster, Smt. P.D. Mariamma had 23 years and 4 months of service in the school and the appellant Rahelamma had only 10 years and 2 months service