1. This Original Petition raises the question relating to the validity and applicability of R.5 in Chapter XIV (A) of the Kerala Education R.1959 (hereinafter referred to as the Rules), made by the Government in exercise of the powers under S.36 of the Kerala Education Act, 1958 (hereinafter referred to as the Act).

2. The petitioner is the manager of an Upper Primary School. The 4th respondent, who was an untrained candidate, was appointed by the petitioner as a teacher in the school during the year 1962-63, after advertising the vacancy and establishing the non-availability of trained hands. Her appointment was approved by the first respondent; and on the basis of this service, she was selected for Teachers' Training Course in the Department quota. Accordingly, she was relieved from service at the end of the year; and she joined the T. T. Course. She completed the course, which is for 2 years, and passed in the examination held in April 1965. A vacancy arose in the school during the year 1965 66. The petitioner advertised the vacancy in the Malayalam Daily "Deepika", on 17 51965. It is stated by the 4th respondent that immediately after the school re opened in 1965, sh