JUDGMENT :

The above writ petition is filed challenging Exts.P3 to P5 orders and for a declaration that the petitioner is senior to the 6th respondent as per Rule 37 of Chapter XIVA of the Kerala Education Rules (hereinafter referred to as “KER”) and therefore entitled to be promoted to the post of Headmaster in preference to the 6th respondent.

2. Petitioner entered service as HSA (Natural Science) in the school of the 5th respondent on 04.06.2007 and her appointment was approved with effect from that date. The 6th respondent was appointed as HSA (Mathematics) in the same school on the same day, viz. 04.06.2007. The 6th respondent is younger in age than the petitioner and the date of birth of the petitioner is 16.05.1973 and that of the 6th respondent is 28.05.1974. But when the provisional seniority list was drawn by the 5th respondent Manager, the petitioner was shown as junior to the 6th respondent. The petitioner submitted her objection to the provisional seniority list published by the Manager. Thereupon, she has preferred a complaint before the 4th respondent and by Ext.P2 order, the 4th respondent declared that the petitioner is senior to the 6th respondent. Challenging Ext.P