Judgment :- K.A. Abdul Gafoor, J. Petitioner, in effect seeks a declaration that R.45 of Chapter XIV-A of the Kerala Education Rules, -1959 is ultra vires. R.45, Chapter XIV-A, K.E.R. gives preference in favour of graduates over senior non-graduates who are qualified to hold the post of Headmaster of U.P. School. That is a discrimination. There is no reason for discriminating a senior non-graduate to give promotion to a senior graduate, when both are working as Assistant Teachers. R.45 Chapter XIV-A of the Kerala Education Rules read as follows: "Subject to R.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 acquisition of B.Ed. Degree) he may be appointed as Headmaster provided he has got a service equal to half of the period of service of the senior most under-graduate teacher. If graduate teachers with the aforesaid qualification and service are not available in the School or Schools under the same Educational Agency, the senior most Primary School Teacher with SSLC or equivalent and (TTC issued by the Board of Public Examination, Kerala or T.C.H. issued by the Karnataka Secondary Education Examination Board, Bangalore or a pass in Pre-degree Examination with Pedagogy as an elective subject conducted by the University of Kerala or any other equivalent training qualification prescribed for appointment as Primary School assistant) may be appointed." 2. There are three sentences in the rule. First sentence casts an obligation on the appointing authority that he shall appoint only a qualified person as Headmaster. The second sentence in the rule says that the graduate teacher in the school with B.Ed, or other equivalent qualification and who has at least five years experience in teaching after acquisition of B.Ed. Degree may be appointed as Headmaster, provided he has got a service equal to half of the period of service of the senior most undergraduate teacher. The third sentence in the said rule provides that in the absence of such a graduate teacher, the senior most under-graduate teacher possessing the qualification prescribed for an Assistant Teacher be appointed. Degree may be appointed as Headmaster, provided he has got a service equal to half of the period of service of the senior most undergraduate teacher. The third sentence in the said rule provides that in the absence of such a graduate teacher, the senior most under-graduate teacher possessing the qualification prescribed for an Assistant Teacher be appointed. This rale thus, prescribes the method of appointment and qualification to the post of Headmaster of an Upper Primary School. There is no other provision prescribing qualification to the post of headmaster of U.P. School. Nothing is brought to my notice also. Prescription of qualification and method of appointment shall be in the sole domain of the rule making authority. Such a rule prescribing method of appointment and qualification can be challenged only when there is total arbitrariness and discrimination offending Art.14 of the Constitution of India or else is ultra vires to the parent statute. There is no contention that it is ultra vires to the parent statute. 3. On reading of the above, it can be seen that there is no absolute preference in favour of graduates totally excluding non-graduates. When there are graduates as well as non graduates working as Assistant teachers in a U.P. School and when a post of Headmaster falls vacant, a graduate teacher shall be appointed to that post only if he satisfies the requirement of five years' experience in teaching after acquiring B.Ed, Degree and has atleast half of the period of service put in by the seniormost under graduate teacher. Only when a graduate teacher satisfying such requirements is available, the manager is obliged to appoint graduate teacher overlooking the seniority of the non graduate teacher. Thus there is no absolute preference to the graduate teacher or total exclusion of the non graduate teacher. The post of Headmaster has pivatol importance so far as an educational institution is concerned. When a graduate teacher with sufficient experience and seniority and atleast half of the service of the senior non graduate teacher is to be appointed as Headmaster of U.P. School, it cannot be taken as arbitrary or discriminatory. Therefore, the challenge against the rule fails. 4. It is submitted by the petitioners that the graduate teacher in the school where the petitioners are working had committed certain misconduct and he is not suitable to hold the post of Headmaster. Therefore, the challenge against the rule fails. 4. It is submitted by the petitioners that the graduate teacher in the school where the petitioners are working had committed certain misconduct and he is not suitable to hold the post of Headmaster. But the petitioners could not produce any document proving any misconduct or an order imposing any punishment against the said teacher. Moreover, the petitioners are not persons to decide suitability. Merely because the petitioners feel that they are more suitable, they cannot contend that they shall be appointed. Whether an incumbent is suitable or not to hold the post is a matter for the appointing authority to decide. So far as this case is concerned, there is no decision by any competent authority that the said graduate teacher is unsuitable to hold the post. Therefore, petitioners cannot get a declaration that he is not suitable to hold the post. The Original Petition fails. Dismissed.