Antony Dominic, J.

1. W.A. Nos. 1153/15 and 1188/15 are filed by the 3rd and 4th respondents in W.P.(C) 16529/13 and W.A. Nos. 1222/15 and 1233/15 are filed by additional respondents 4 to 8 and additional 9th respondent in W.P.(C) 28827/13. W.P. (C) 16529/13 was filed by respondents 5 to 8 in W.A. 1153/15, who are also respondents 1 to 4 in W.A. 1188/15. W.P.(C) 28827/13 was filed by the first respondent in W.A. Nos. 1222/15 and 1233/15. The issues raised in the Writ Petitions being connected, those cases were heard together and were disposed of by a common judgment rendered by the learned single Judge. For the same reason, these Writ Appeals were heard together and are being disposed of by this common judgment.

2. The fate of these appeals would depend upon our decision on the sole question whether, for the purpose of promotion to the post of Principal of a Higher Secondary School, when seniority of teachers in the feeder category of Higher Secondary School Teacher (H.S.S.T.) is reckoned, a teacher is entitled to reckon his service as H.S.S.T. (Junior) also. In the judgment under appeal, referring to the provisions of the rules in Chapter XXXII of the Kerala Education Rules, ('KER', for short) and the judgment of this Court in W.P.(C) 30005/05, learned single Judge held that while reckoning seniority in the category of H.S.S.T., the service rendered as H.S.S.T. (Junior) also is liable to be reckoned. On that basis, learned single Judge interfered with the promotion ordered to the post of Principal and quashed Ext. P3 Government Order challenged in W.P.(C) 28827/13. It is this judgment which is challenged before us by the Managers of two aided schools and the affected teachers.

3. We heard learned counsel for the parties as also learned Government Pleader.

4. Though, in W.P.(C) 28827/13, one Mr. P.M. Thomas, Additional Secretary to Government, who passed Ext. P3 order challenged therein, was impleaded in his personal capacity, he was deleted from (sic) array by virtue of the order passed in I.A. 779/15 in W.A. 1222/15. Similarly, I.A. 789/15 filed in W.A. 1233/15 has also been allowed, deleting the 4th respondent from the party array.

5. Having considered the submissions made, we are of the view that the question that is raised should be answered in the light of the relevant provisions contained in Chapter XXXII of the K.E.R. R. 2 of Chapter XXXII provides that notwithstanding anything contained in the K.E.R., the method of appointment and qualifications of teaching and non-teaching staff in the aided Higher Secondary Schools in the State shall be as prescribed in that Chapter. R. 3 states that the service of every aided Higher Secondary School shall consist of all or any of the categories of posts mentioned therein, as the Director may sanction. Category 1 is the post of Principal, category 2 is the post of Higher Secondary School Teacher and category 3 is the post of Higher Secondary School Teacher (Junior).

6. Rule 4 of Chapter XXXII K.E.R. prescribes the method of appointment to the posts in the 8 categories of posts specified in R. 3. In so far as the post of Principal is concerned, prior to its amendment by G.O.(P) 93/09/G.Edn dated 27.3.2009 with effect from 6.1.2006, the method of appointment prescribed for the post read as follows:

"(1) By Promotion from Category 2 under the respective educational agency.

OR

(2) By transfer from qualified Headmasters of Aided High Schools under the respective educational agency.

Note:--(i) The post of principal will be a selection post and appointment to the post shall be made on the basis of the recommendation of a selection committee consisting of the Manager or his nominee as Chairman, a Selection Grade Lecturer or Reader or principal of a college nominated by the Manager and Government representative as members. The Government representative shall be nominated by the Manager