C.K. ABDUL REHIM, J.

1. The 4th respondent in the writ petition, who is the Manager of an aided Higher Secondary School, is in appeal against judgment of the Single Judge, which is mainly concerned with interpretation of Rule 44A of Chapter XIV-A of the Kerala Education Rules (KER for short).

2. There were rival claims between the petitioners in the writ petition and the 5th respondent therein with respect to promotion to the post of Headmaster in the appellant's/4th respondent's school. While deciding the issue the learned Single Judge observed that, the petitioners stood permanently exempted from acquiring the test qualification prescribed under Rule 44A, by virtue of the 2nd proviso to that Rule. It is held that, as long as the proviso grants a general exemption, the petitioners stood exempted from acquiring the test qualification as on the date of arising of the vacancy. Hence it is found that the only criteria for promotion to the post of Headmaster is the seniority. Resultantly the impugned order passed by the appellant/Manager promoting the 5th respondent therein as Headmaster was quashed and the Manager was directed to issue fresh appointment considering the seniori