K. Vinod Chandran, J.

Rival claimants to the post of Principal, in an aided Higher Secondary School, was before this Court with two writ petitions; both the teachers being promoted to the post of Higher Secondary School Teacher [for brevity, 'HSST'] on the very same day. One challenged the order of the Government determining the seniority on the basis of age. The other sought implementation of the order of the Government. One another HSST, who was also recruited to that post on the very same day, by direct recruitment, impleaded himself since the decision in the above cases would affect his claim in the future. The Government too filed two appeals from the common judgment of the learned Single Judge, anxious to sustain its decision, especially since Chapter XXXII of the Kerala Education Rules, 1959 [for brevity, 'the KER'] applicable to the Higher Secondary section of aided Schools, does not provide a specific rule for determination of seniority.

2. The Government, by the impugned order, held that the seniority has to be determined in accordance with the age, in favour of U.V. Ramesan. The learned Single Judge found favour with the claim of Manoj Kumar K. and held that the