JUDGMENT :

P.V. KUNHIKRISHNAN, J.

1. Short point to be decided in this case is whether a claimant under Rule 43 of Chapter XIV (A) of the Kerala Education Rules, 1959 (hereinafter referred to as “KER”) is entitled a preferencial appointment in super-session to an executive order passed by the Government as per G.O. (P) No. 10/10/G.Edn dated 12.01.2010 (in short “G.O. (P) 10/10”).

2. The 1st petitioner is the Corporate Management having several schools in different districts of the State, which is conferred with minority status by the National Commission for Minority Institutions of Government of India as per Ext.P1 order. The 2nd petitioner, Ms. Jolly Alex, was appointed as the Upper Primary School Assistant (in short “UPSA”) by the 1st petitioner with effect from 16.11.1989. The said appointment was approved by the department from the actual date of appointment. The 2nd petitioner, after her approval of appointment, worked in different schools under the 1st petitioner's management and was working at St. Stephen's High School, Pathanapuram till her promotion. The 1st petitioner promoted the 2nd petitioner as High School Assistant (Natural Science) [in short “HSA(NS)”] and posted her t