1. This case has come before the Division Bench on a reference made by Justice Thomas on the ground that important questions of law have arisen for consideration in this case which merit being decided by the Division Bench. The relevant facts necessary for the purpose of disposal of this case may be stated as follows:

2. The petitioner was appointed as a Clerk by Ext. P1 dated 7-7-1976 by the 3rd respondent-Manager of B. H. School, Kalady, a school which receives aid from the Government under the Kerala Education Act and Kerala Education Rules. The appointment was for the period from 7-7-1976 to 2-11-1976, which was duly approved by the District Educational Officer. Thereafter another vacancy to the post of Clerk arose in the year 1981 in which the petitioner was appointed as per Ext. P2 dated 21-10-1981 for the period from 21-10-1981 to 2-1-1982. That appointment was also approved by the District Educational Officer. Subsequently in the same school there occurred a vacancy of Peon in June, 1984. The 3rd respondent appointed the petitioner as a peon in that vacancy by Ext. P3 dated 25-6-1984. The District Educational Officer refused to approve the said appointment by his