1. Petitioner is the Manager of an aided Upper Primary School. By Ext.P16 order dated 16-12-1989 4th respondent, the Deputy Director of Education, Kottayam, directed the petitioner to appoint 5th respondent as Headmaster of the school and to regularise his claim for promotion to that post in any vacancy that has arisen on or after 4-5-1987, by reverting others appointed as Headmaster. This order is under challenge.

2. The short facts germane for disposal of this Original Petition are as follows: Fifth respondent was appointed as a teacher in the school during the academic year 1961-62. At that time he had not passed the Teachers Training Course. He was selected for the course in the departmental quota and completed the same in 1964. He passed the examination in 7-7-1980. There-after his qualified regular service in the school started on 6-7-1981. When the staff strength was fixed for the academic year 1983-84 as per Ext.P1 order dated 25-7-1983 two teachers were thrown out of service. Those teachers were given protection as per G.O.(MS) 104/82/G. Edn. dated 23-7-1982. Of the two teachers so given protection 5th respondent was the junior most. They were continued in the s