K. VINOD CHANDRAN, J.

1. The petitioner is aggrieved with Exhibit P3 order of the Director of Higher Secondary Education, which directed the 5th respondent to be appointed as Higher Secondary School Teacher [for brevity “HSST”].

2. The incumbency details of the petitioner and the 5th respondent are as here in after stated. Both the petitioner and the 5th respondent were appointed as Lower Primary School Assistant [for brevity “LPSA”] on 06.06.2000 and as HSST (Junior) on 01.01.2002; the very same dates. Both the petitioner and the 5th respondent also had prior service in the very same school, as Upper Primary School Assistants [for brevity “UPSA”]. No documents of the petitioner's prior service is produced. But, the petitioner admits that the same was subsequent to the broken service of the 5th respondent.

3. The petitioner was promoted to the vacancy of HSST on 25.06.2010 when a vacancy arose in the subject of Economics; in which both the petitioner and the 5th respondent are qualified. The petitioner's appointment was approved as per Exhibit P2. The 5th respondent challenged the petitioner's appointment and its approval, before the Director of Higher Secondary Education, w