JUDGMENT K.K. Narendran, J. 1. The petitioner in this Original Petition, an Upper Primary School Assistant of the Pallippuram Union Basic and U. P. School, questions Exts. P-6 and P-7 orders of the 2nd respondent - Assistant Educational Officer. By Ext. P-6 order the 2nd respondent has directed the 1st respondent - Manager of the school to appoint the 4th respondent who is only a Secondary Grade T. T. C. holder as Headmaster of the school in the retirement vacancy that arose on the closing date of the school year 1974-75. The question that arises for consideration in this Original Petition is whether under R.45, Chap.14A of the Kerala Education Rules, 1959, for short the Rules, as it stands after the amendment by Notification dated 22nd October 1971, an Upper Primary School Assistant who is a Secondary Grade T.T.C. holder without a pass in S.S.L.C. can be appointed as Headmaster of an Upper Primary School. 2. Ext. P-2 is the seniority list of the teachers of the school and the petitioner is serial No. 10 among the U.P.S. As. while the 4th respondent is serial No. 5. The 4th respondent claims to be a Secondary Grade T.T.C. holder while the petitioner is an S.S.L.C., T.T.C. holder. Ext. P-3 is a direction by the 3rd respondent - Regional Deputy Director of Public Instruction, Kozhikode to the District Educational Officer, Palghat declaring that a Secondary Grade T.T.C. holder also is qualified for the post of Headmaster of a U.P. School. This is not sufficient for the 4th respondent to claim the post of Headmaster of a U.P. School. Ext. P-4 is a representation made by the petitioner through the 1st respondent to the 2nd respondent contending that he is the seniormost qualified U.P.S.A. who is to be appointed as Headmaster of the school in the retirement vacancy. Ext. P-6 has been issued by the 2nd respondent on the above representation of the petitioner. On the basis of Ext. P-6, the 1st respondent issued an appointment order to the 4th respondent and that is Ext. P-7. Thereupon, the petitioner again made Ext. P-8 representation to the 1st respondent. The 1st respondent returned Ext. P-8 without forwarding the same to the 2nd respondent. 3. A counter affidavit has been filed on behalf of respondents 2 and 3. Ext. R-1 is a Government Proceedings dated 5th June 1957 produced along with the above counter affidavit. P-7. Thereupon, the petitioner again made Ext. P-8 representation to the 1st respondent. The 1st respondent returned Ext. P-8 without forwarding the same to the 2nd respondent. 3. A counter affidavit has been filed on behalf of respondents 2 and 3. Ext. R-1 is a Government Proceedings dated 5th June 1957 produced along with the above counter affidavit. On the strength of Ext. R-1 Government proceedings learned Government Pleader contends that a Secondary Grade T.T.C. holder like the 4th respondent can also be appointed as Headmaster of a U.P. School. Learned Government Pleader makes pointed reference to item 5(a) in Ext. R-1 Government Proceedings which reads: "Certificate of Travancore Cochin Equivalent Certificate of Madras"t 1. .................... 2. .................... 3. .................... 4. .................... 5. (a) S.S.L.C. or equivalent Secondary Grade T.T.C." * * * Nobody has got a case that the 4th respondent has got S.S.L.C, or any other academic qualification declared to be equivalent to S.S.L.C. Admittedly, the 4th respondent is an S.S.L.C. failed who got an exemption for undergoing T.T.C. course in the erstwhile State of Madras. If this be so, the question is how can the 4th respondent claim the post of Headmaster of a U.P. School under R.45, Chap.14A of the Rules. R.45 reads: "45. Subject to rule 44, when the post of Headmaster of Complete U.P. School is vacant or when an incomplete U.P. School becomes a complete U.P. School, the post shall be filled up from among the qualified teachers on the staff of the School or Schools under the Educational Agency. If there is a graduate teacher with B.Ed. or other equivalent qualification and who has got at least five years experience in teaching after graduation, he may be appointed as Headmaster provided he has got a service equal to half of the period of service of the seniormost undergraduate teacher. If graduate teachers with the aforesaid qualification and service are not available in the School or Schools under the same Educational Agency, the seniormost Primary School Teacher with S.S.L.C. or equivalent and T.T.C. qualification may be appointed." It is clear from R.45 that it is not enough that a U.P.S. A possesses any qualification which is equated to the qualification of S.S.L.C. or equivalent and T.T.C. by Ext. R-1 Government Proceedings dated 5th June 1957 to claim the post of Headmaster of an Upper Primary School. R-1 Government Proceedings dated 5th June 1957 to claim the post of Headmaster of an Upper Primary School. What is said in rule 45 is, to get an appointment as Headmaster of an Upper Primary School he should possess S.S.L.C. or equivalent and T.T.C. qualification. Admittedly, the. 4th respondent has not got S.S.L.C. or any other qualification declared to be equivalent to S.S.L.C. This being so, the 4th respondent cannot claim the post of Headmaster. Reliance is made by the Government Pleader to the proviso to R.1, Chap.31 of the Rules. As has been laid down by a Division Bench of this Court in V. Abdul Rahiman v. Assistant Educational Officer (Writ Appeal Nos. 399 and 444 of 1974), the above proviso to R.1, Chap.31 of the Rules can enable a teacher only to continue in the post in which he or she was working when Chap.31 of the Rules came into force. In this view of the matter, Ext. P-6 direction of the 2nd respondent which is against the provisions contained in R.45, Chap.14A of the Rules has necessarily to be set aside. Hence, I quash Exts. P-6 and P-7 and the petitioner is given a declaration that he is the qualified Upper Primary School Assistant entitled to be appointed as Headmaster of the school in the vacancy which arose on the closing date of the schools in 1974-75. 4. The Original Petition is allowed to the extent indicated above. There will be no order as to costs.