ORDER :

S.MANU, J.

A Division Bench of this Court by an order of reference directed to place this appeal before the Full Bench so as to consider the impact of the third proviso to Rule 44A of Chapter XIV-A of the Kerala Education Rules (KER) in the matter of appointment to the post of Headmaster/Headmistress. The Division Bench doubted the correctness of the observations in the reference order in Narayanan.A v. Vijayalakshmi P. and others [2020 (4) KLT 198] regarding classification of teachers into two based on the 2nd and 3rd provisos, rendered by a co-equal bench. In the reference order dated 19.10.2023, the Division Bench noted that the intention of the amendment by which the third proviso to Rule 44A was incorporated seems to be to give preference to teachers who have crossed the age of 50 years and possessed test qualification in preference to those who are exempted from acquiring the test qualifications by virtue of the second proviso to Rule 44 A. We are therefore called upon to decide these two aspects.

2. Reference to the relevant provision is essential to analyze the issue. Rule 44A is extracted hereunder omitting the explanations and the note thereunder:

“[44A. (1) Subject t