Gopinathan, J.

1. Fourth respondent in WP(C).No.12881/2004 is the appellant. The first respondent herein, Smt.P.Asha Sindhu is the writ petitioner. On 15.7.1998, she was appointed as an Upper Primary School Assistant in PRW Higher Secondary School, of which the 4th respondent is the Manager. On 1.4.2000, she was promoted as High School Assistant (Malayalam). While so, the High School was upgraded as Higher Secondary School with effect from 2003-2004. Consequently, 12 posts of Higher Secondary School Teachers (HSST) were created, of which one is in Malayalam. As per the existing rules, 75% of the posts are to be filled up by direct recruitment. The remaining 25% shall be filled up by transfer from the High School Assistants in the subject concerned under the educational agency. In the absence of High School Assistants, Assistants in Primary, both Upper and Lower, are entitled. The 4th respondent in his wisdom opted three posts namely, in Physics, History and Economics to be filled up by transfer appointment and invited applications from those who are working in the school. Though the first respondent, who is duly qualified, applied for, she was not given appointment stati