JUDGMENT

ASHO K BHUSHAN,J.

Leave granted.

2. This appeal has been filed against the Division Bench judgment of Kerala High Court dated 17.08.2016 in Writ Appeal No. 1504 of 2015 by which judgment the Writ Appeal filed by the respondent was allowed, reversing the judgment of learned Single Judge. The learned Single Judge has allowed the Writ Petition filed by the appellant, setting aside the order of the State Government which had directed for appointment of respondent Reshma Parayil.

3. The brief facts of the case necessary to be noted for deciding the issue are:-

3.1 The respondent No.5 is an aided institution.

Respondent No.1 was serving as Upper Primary Assistant in the school. The school was upgraded as Higher Secondary School in the year 2011-2012. Consequent to the upgradation, 13 new posts of Higher Secondary School Teacher (Junior) were created. Out of 13 posts 4 posts of Higher Secondary School Assistant (Junior) were filled up by transfer of Higher Secondary School Assistant and 9 posts were filled up by direct recruitment. In 2012-2013, a new commerce batch with economics was allotted vide Government order dated 15.07.2013 by virtue of which two posts of Higher Secondary Schoo