Petitioner in O.P.3174 of 1989 is the third respondent in O.P.2333 of 1989. The contest is between the petitioner in O.P.3174 of 1989 and the petitioner in O.P.2333 of 1989.

2. For the sake of convenience, the position of the parties as in O.P.3174 of 1989 is followed in the discussion hereunder: Petitioner is an under graduate teacher whereas the 5th respondent is a graduate with B. Ed, degree. Post of Headmastership fell vacant on 1-4-1988. Fifth respondent had completed five years after acquisition of graduation. But he had not completed five acquisition of B.Ed. Rule 45 of Chapter XIV-A of Kerala Education Rules has been amended. After amendment, the qualification prescribed is that one should have five years experience after acquisition of B.Ed, degree. Rule 45 as it stood before amendment is to the effect that when the post of Headmaster of complete U.P.School is vacant or when an incomplete U.R.School becomes a complete U.P.School, the post shall be filled up from among the qualified teachers on the staff of the School or Schools under the Educational Agency and if there is a Graduate Teacher with B.Ed, or other equivalent qualification and who has got at least fi