1. These two Original Petitions are filed by the senior most High School Assistant and the Manager of J. M. High School, Vakathanam. The issue involves the appointment of the Headmaster of the school. The post fell vacant on the retirement on 31-3-1984 of the erstwhile Headmaster Sri. V. I. Abraham. The vacancy bad to be filled up under R.44 Chap.14-A of the Kerala Education Rules (hereinafter to be referred to as 'the Rules'). The qualifications for appointment as Headmaster of High Schools is prescribed in R.44A Chap.14-A of the Rules. A minimum service qualification of 12 years of continuous graduate service, a pass in the test in the Kerala Education Act and the Rules, and a pass in Account Test (Lower) conducted by the Kerala Public Service Commission are the qualifications prescribed for this purpose. R.44B(2) provides that, "persons who attain the age of 50 years will be granted permanent exemption from passing the rests."

2. The petitioner in OP 9564/86 was the senior most High School Assistant in the school. He had not acquired the test qualifications. However, he attained the age of 50 years of age on 3-8-1984, whereby he stood exempted from possession of test