Sreedharan, J Writ Appeals 222/93 and 376/93 arise out of O.P.No.6999/88. Petitioner in the O.P. is the appellant in Writ Appeal No.222/93. Respondents 5 and 6 therein namely the Manager of the School and the teacher who was appointed by the Manager as the Headmaster are the appellants in Writ Appeal No. 376/93. The Manager and its appointee, Headmaster, filed O.P.No.6787/88. In that O.P., the petitioner in O.P. 6999 of 1988 was the third respondent. This original petition was disposed of by the learned judge along with O.P.No.6999/88 by a common judgment. Petitioners in O.P.6787/88 have preferred Writ Appeal No.288/93 and the third respondent Writ Appeal 258/93. Since same issues arise in these appeals arising out of two original petitions disposed of jointly, we consider it advantageous to dispose of these appeals by a common judgment.

2. The short facts necessary for the disposal of these appeals are as follows:-The post of Headmaster in St. Joseph's High School, Trivandrum became vacant with effect from 2-5-87. The management appointed Fr.Ephrem Thomas as the Headmaster. He was not qualified to be appointed as Headmaster of the school on 2-5-87. Sri.Henry Gomez, a Hi