K.S. Radhakrishnan, J.

1. We are in these cases primarily concerned with the question as to how the 25% vacancies of the HSST as provided in G.O.(Ms.)No.162/98/G.Edn., dated 13-5-1998 have to be filled up, whether it is by way of promotion or through a process of selection among High School Assistants. The operative portion of the G.O. is extracted hereunder:

"(i) 25% vacancies will be reserved for appointment from qualified High School Assistants and Primary School Teachers.

(ii) The remaining 75% of posts in Government Schools will be filled up by direct recruitment through the Public Service Commission. In the absence of select list with the Public Service Commission the vacancies will be filled up by candidates from Employment Exchange. Should there be shortage of suitable candidates from the Employment Exchange, Guest Lecturers may be appointed as is done in Colleges. The selection of Employment Exchange candidates will be done by Director of Higher Secondary Education and that of the Guest Lecturers will he done by the concerned Deputy Director, Education by constituting a selection committee consisting of the Principal, Deputy Director/and President of the concerned PTA.

(iii) Appointments to the 75% vacancies earmarked for direct recruitment in the Aided Higher Secondary Schools will be done by the management. If qualified teachers are not available for appointment as mentioned in item (i) above, the management will fill up such vacancies also by direct recruitment. Selection of candidates for direct recruitment in Aided Higher Secondary Schools will be done by a staff selection committee consisting of the Manager or his representative, the Principal of the School and a Government nominee from the Panel of Officers consisting of Deputy Director, Education, D.E.O., of the area and EIET Principal of the district. The management can select a nominee from among the above officers. The above officers are permitted to attend the staff selection committee meeting without further sanction.

3. While making appointments the Manager will see that only part-time teachers are appointed when the periods to be taught are less than 15 in a week. This procedure will be followed in Government schools also when direct recruitment is resorted to through Employment Exchange. But the teachers appointed from General Education Subordinate Service will be treated as appointment by promotion and they will be full-time teachers irrespective of the periods to be taught."

Scope of the above-mentioned G.O. earlier came up for consideration before a Division Bench of this Court in K. Krishnankutty & others v. State of Kerala and Others 1998 (2) KLJ 301. Question posed before the Division Bench was whether the private aided school teachers had any right to be appointed as higher secondary schools teachers in aided private higher secondary school and whether the prescription of quota and constitution of selection committee for appointment of higher secondary school teachers from among existing aided school teachers were valid. Court held that private aided school teachers did not have any right whatsoever, to get appointed as higher secondary teachers in private aided higher secondary schools and that constitution of the selection committee did not fetter any right of the educational agencies.

2. Above-mentioned Judgment was appealed against before the Apex Court in M.M.Dolichan v. State of Kerala (2001) 1 SCC 151. Apex Court did not examine the correctness or otherwise of the legal question whether the 25% vacancies of HSST has to be filled up by way of promotion on the basis of seniority or by way of selection from the High School Assistants. The Apex Court felt it was not necessary to examine those issues since Special Rules for Kerala Higher Secondary School Education Services was framed. However it was noticed by virtue of the interim order dt. 7-12-1999, the private aided schools were permitted to appoint from the then existing teachers, if the