JUDGMENT :

P.D. Audikesavalu, J.

(Prayer: Writ Appeal filed under Clause 15 of Letter Patent, praying to set aside the order passed in W.P. No. 27805 of 2013 dated 09.10.2013.

The intra-Court Appeal arises out of the order dated 09.10.2013 in W.P. No. 27805 of 2013 passed by the Learned Judge of this Court. The parties are hereinafter referred to as per their description in the Writ Petition for the sake of convenience.

2. The chronological sequence of events leading to the filing of this Writ Appeal are given below:-

(i) The vacancy arose to the post of Secondary Grade Headmaster in the School of the Fifth Respondent due to the retirement of the previous incumbent on 28.02.1998 and the Third Respondent by proceedings in O. Mu. No. 3024/A5/98 dated 06.04.1998 granted permission to fill up that vacancy.

(ii) Since the existing teachers had relinquished promotion, the Fifth Respondent had resorted to fill up that vacancy by selection from the open market and it was notified to the District Employment Exchange to furnish a list of eligible candidates for that post with five years teaching experience. As there were no eligible candidates sponsored by the District Employment Exchange, the Fif