RAMACHANDRAN NAIR, J.

1. In the connected Writ Appeals filed by a Physical Education Teacher and the Writ Petition filed by the Corporate Management, which employs the teacher concerned, the question raised is one and the same, i.e. whether post of physical education teacher in the high school can be retained by reckoning the periods of physical education in higher secondary section of the high school under the same corporate management.

2. We have heard learned counsel appearing for the teacher, learned counsel for the Corporate Management and also learned Government Pleader for the respondents.

3. The appellant teacher was appointed in a leave vacancy in a School under the Corporate Management in 1993. Later his appointment as physical education teacher got regularised with effect from 06/06/1994. While the appellant was continuing as a physical education teacher in NSS High School, Anikkad, which also has a higher secondary section, the periods of physical education fell below 5, which is the minimum required periods for retaining the post in the School under Rule 6(4) of Chapter XXIII of the Kerala Educational Rules. In fact, admittedly, the periods of physical educat