K. Balakrishnan Nair, J.

The writ petitioner in W.P.(C)No.18998/2005 is the appellant. The brief facts of the case are the following:

2. The appellant is working as Higher Secondary School Teacher (for short H.S.S.T.) (Junior) (Commerce) in St.Sebastian Higher Secondary School, Cheenthalar, which is one of the schools managed by the 3rd respondent, Corporate Manager. Two vacancies in the post of H.S.S.T. in Commerce arose in Mount Carmel Higher Secondary School for Girls, Kottayam in 2005 under the 3rd respondent. According to the appellant, ignoring his claim, the 5th respondent was appointed in the first vacancy on 14.2.2005. It was followed by the appointment of the 4th respondent as H.S.S.T. (Commerce) in the second vacancy. The appellant claims, appointment in the first of those two vacancies, as he is senior to both of them in the cadre of H.S.S.T. (Junior). He filed Exts.P3 and P4 representations before the Director of Higher Secondary Education, highlighting his grievances. Finding that no action was taken on them, the Writ Petition was filed, seeking appropriate reliefs. He claimed appointment by transfer to the post of H.S.S.T. (Commerce) in preference to respondents 4 and 5„ He prayed for setting aside the appointments of respondents 4 and 5. Other incidental reliefs were also sought in the Writ Petition.

3. According to the appellant, going by R.4 of Chap.XXXII of the Kerala Education Rules (for short ), the post of H.S.S.T. in a subject has to be filled up by appointment by transfer from H.S.S.T. (Junior) in that subject. For that, all the Higher Secondary Schools under the same Educational Agency should be taken as one unit. If such a seniority list is prepared, among H. S.S.T.s (Junior) Commerce, he will be senior to respondents 4 and 5. But, ignoring his superior claim, the appointments were made, it was submitted.

4. The 3rd respondent, Corporate Manager, filed a counter affidavit, resisting the prayers in the Writ Petition. He submitted that the schools under the Educational Agency are divided into two units. Ext.R3(a) is the constitution of the Corporate Educational Agency of Schools, Diocese of Vijayapuram. The Director of Public Instruction has approved the same. The schools under the said Educational Agency are bifurcated into Unit `A' and Unit `B', for the purpose of appointment, seniority, retrenchment etc. Unit `B' consists of Girls Schools and only lady teachers are appointed there. In other words, the teachers under Unit `A' have no claim over the vacancies in Unit `B'. Separate seniority lists are maintained for the said two units as sanctioned by R.35 of Chap.XIVA of the K.E.R.. According to the Manager, the present vacancies arose in Unit. So, the appellant, who is working under Unit `A', cannot stake his claim for them. The respondents 4 and 5 also supported the stand of the 3rd respondent Manager. The learned Single Judge, who heard the Writ Petition, upheld the contention of the Manager and dismissed the Writ Petition. Hence, this appeal.

5. The learned counsel for the appellant relied on Ext.P5 order of the Government dated 14.6.1991 and submitted that Higher Secondary Classes should be considered as Mixed Classes and admissions should be given to both boys and girls. Further, the two units for the purpose of seniority mentioned in Ext.R3(a), applies only to the teaching and non-teaching staff of schools other than Higher Secondary Schools under the K.E.R.. The provisions of various Chapters of the K.E.R., unless expressly made applicable by the Government, do not apply as such to Higher Secondary Schools. The qualifications and method of appointment to various posts under the Higher Secondary wing are prescribed in Chap.XXXII of the K.E.R.. Various provisions like R.51B, contained in Chap.XIVA of the K.E.R., are made applicable to Higher Secondary wing by specific orders of the Government. R.51A has not so far been made applicable, which is evident from the Division Bench Judgment o