Balakrishnan Nair, J.

The point that arises for decision in these Writ Petitions is, whether a teacher who has relinquished his/her claim for promotion to the post of Headmaster can stake his/her claim, when another vacancy in that post arises subsequently. The answer to the above question will depend on the construction placed on the Note to Rule 44(1) of the Kerala Education Rules (hereinafter referred to as, 'the Rules').

W.P.(C) No.37060 of 2007:

2. The brief facts of the case are the following:

The petitioner, Usha Thayyil, was appointed as Upper Primary School Assistant (for short, "UPSA") in the fourth respondent's aided Upper Primary School on 6.7.1989. The fifth respondent, Smt.P.C.Sheeja was appointed as Upper Primary School Assistant in the said school on 7.7.1989. As per Rule 45B(1) of the Rules, a pass in Account Test (Lower) conducted by the Kerala Public Service Commission is an obligatory qualification for promotion as Headmaster of Lower Primary and Upper Primary Schools. As per sub-rule(4) of Rule 45B, those teachers, who attained the age of 50 years, are exempted permanently from acquiring the said test qualification. The existing Headmaster, who was