K. Vinod Chandran, J.

1. The petitioner in W.P.(C). No. 20737/2015 is aggrieved with the manner in which the appointments are made to the Higher Secondary School Teacher (H.S.S.T.) posts in the respondent school, specifically the ratio employed of 1:3 between; 'by transfer appointments' and direct recruitments. The controversy has arisen by reason of the method of appointment to the post of H.S.S.T. which is as provided in R. 4 of the Chapter XXXII of Kerala Education Rules ('KER' for short):

The method of appointment hence is primarily by transfer from Junior Lecturer in the concerned subject. Only in the absence of such qualified hands could a different method be employed; which has to be in the ratio 1:3; between the qualified High School Assistants and Direct Recruits. It is also to be specifically noticed that the ratio is not to be applied to the cadre as such. The ratio, in the absence of qualified HSST (Junior), is to be applied apportioning the vacancies arising: between 'by transfer' and direct recruitment.

2. A High School Assistant has filed W.P.(C). No. 20737 of 2015 claiming that, the 1:3 ratio has to be maintained in the cadre and that, at any point of time for three direct recruitees, there should be one 'by transfer' appointee from H.S.A. The Manager (petitioner in W.P.(C). No. 24924/2015) however contends that, the ratio has to be maintained in the appointments and not in the cadre, since the appointment 'by transfer' from High School Assistants and Direct Recruitment can be resorted to only when the qualified hands in the Higher Secondary School Teacher (Junior) is not available.

3. The facts to be noticed are that, the school was upgraded in the academic year 2000-01 when there were sanctioned four posts of H.S.S.T. and seven posts of H.S.S.T. (Junior). Obviously, since no appointment could be made from H.S.S.T. (Junior), all the four H.S.S.T. posts were filled up by the alternate method of appointment. The ratio of 1:3 could have been maintained but the Manager appointed two persons from High School Assistants, being one P.B. Girijamoni and S. Unnikrishnan, and two persons from the open merit. In 2001-02, seven posts in the H.S.S.T. (Junior) were upgraded as H.S.S.T. and there existed then 11 posts of H.S.S.T. In 2002-03 again, two additional posts were sanctioned, making the total posts of H.S.S.T. to be 13. Of the two appointments then made, one was from the High School Section and the other by direct recruitment. Hence as on 2003 when six appointments were made by the alternate method, there were three persons appointed from the High School Section more than satisfying the quota; of