Judgment : 1. Ext.P10 Government order dated 12.12.2012, whereby the Government held that the petitioner, a Craft Teacher working in the sixth respondent's school is not eligible to be appointed as Headmaster in the vacancy that arose on 1.4.2010, is under challenge in this writ petition. The brief facts of the case are as follows: 2. The petitioner entered service as Craft Teacher in the sixth respondent's school on 29.1.1982. While in service he acquired B.A. degree in the year 1987 and B.Ed degree in the year 1989. The seventh respondent entered service as Upper Primary School Assistant on 29.8.1983. Even at the time of entry in service he possessed a B.A. degree and a B.Ed .degree The petitioner as well as the seventh respondent have passed the Accounts Test (Lower) conducted by the Kerala Public Service Commission. Both of them are qualified to be appointed as Headmaster of an Upper Primary School, going by the stipulations contained in rule 45 of Chapter XIV-A of the Kerala Educational Rules, 1959. 3. A vacancy of the Headmaster arose in the sixth respondent's school on 1.4.2010 when the incumbent Sri. K.Mohan retired from service on 31.3.2010. It is stated that though initially the Manager gave charge of the Headmaster to the petitioner, later, he appointed the seventh respondent as Headmaster and submitted a proposal to the Assistant Educational Officer, Pappinissery to approve the said appointment. The petitioner thereupon filed a representation dated 12.4.2010 before the Assistant Educational Officer and still later he filed W.P.(C) No.10445 of 2010 in this Court. This Court disposed of W.P.(C) No.10445 of 2010 by judgment delivered on 9.9.2010 with a direction to the Assistant Educational Officer to take an appropriate decision in the matter. The Assistant Educational Officer thereupon heard the petitioner and respondents 6 and 7 and passed Ext.P1 order dated 26.11.2010 wherein he upheld the claim of the petitioner and directed the Manager to appoint him as the Headmaster. The Assistant Educational Officer held that the petitioner is the senior most qualified teacher eligible to be appointed as Headmaster of the school. 4. Aggrieved thereby, the seventh respondent filed an appeal before the District Educational Officer, Kannur. He thereafter filed W.P. (C) No.697 of 2011 in this Court. The Assistant Educational Officer held that the petitioner is the senior most qualified teacher eligible to be appointed as Headmaster of the school. 4. Aggrieved thereby, the seventh respondent filed an appeal before the District Educational Officer, Kannur. He thereafter filed W.P. (C) No.697 of 2011 in this Court. This Court disposed of W.P.(C) No.697 of 2011 by judgment delivered on 10.1.2011 with a direction to the District Educational Officer to take an appropriate decision on the appeal. The District Educational Officer accordingly heard the parties and passed Ext.P2 order dated 19.2.2011 upholding Ext.P1. It appears that on 4.2.2011, before Ext.P2 order was passed, the petitioner had filed W.P.(C) No.3873 of 2011 in this Court for an order directing the District Educational Officer to dispose of the appeal filed by the seventh respondent. The said writ petition was disposed of by judgment delivered on 7.2.2011 with a direction to the District Educational Officer, Kannur to pass orders on the appeal filed by the seventh respondent. Pursuant thereto, the District Educational Officer once again heard the parties and passed Ext.P3 order dated 8.6.2011 whereby he again upheld the claim of the petitioner. Aggrieved thereby, the seventh respondent filed an appeal before the Director of Public Instruction. The petitioner thereafter filed W.P.(C) No.11189 of 2011 in this Court seeking implementation of Ext.P1 order. This Court disposed of W.P.(C) No.11189 of 2011 by judgment delivered on 31.5.2011 with a direction to the Director of Public Instruction to dispose of the appeal filed by the seventh respondent from Exts.P1, P2 and P3 orders. By Ext.P7 order dated 18.2.2012, the Director of Public Instruction held that the petitioner is the senior most graduate teacher eligible to be appointed as Headmaster. The contention of the seventh respondent that a Craft Teacher cannot be appointed as Headmaster was rejected. The petitioner thereafter filed a representation dated 18.4.2012 requesting the Assistant Educational Officer, Pappinissery to give effect to Exts.P1, P2, P3 and P7 orders. He thereafter filed W.P. (C) No.11874 of 2012 in this Court for an order directing the sixth respondent to promote him as Headmaster with effect from 1.4.2010. The Assistant Educational Officer, Pappinissery thereafter issued Ext.P8 order dated 19.5.2012 whereby he gave charge of the post of Headmaster to the petitioner with effect from 23.5.2012. He thereafter filed W.P. (C) No.11874 of 2012 in this Court for an order directing the sixth respondent to promote him as Headmaster with effect from 1.4.2010. The Assistant Educational Officer, Pappinissery thereafter issued Ext.P8 order dated 19.5.2012 whereby he gave charge of the post of Headmaster to the petitioner with effect from 23.5.2012. In view of the fact that the petitioner was put in charge as Headmaster by Ext.P8 order dated 19.5.2012 with effect from 23.5.2012, W.P.(C) No.11874 of 2012 was closed by Ext.P9 judgment delivered on 24.5.2012. 5. The seventh respondent had in the meanwhile filed an appeal memorandum dated 11.4.2012 before the State Government challenging Exst.P1, P2, P3 and P7 orders. He thereafter filed W.P.(C) No.12551 of 2005 in this Court which was disposed of by judgment delivered on 28.5.2012, with a direction to the Government to consider the revision petition and pass orders thereon after affording both sides an opportunity of being heard. The Government heard the parties and held, relying on rule 3 of Chapter XXIII of Kerala Education Rules that the post of Craft Teacher is not included in the category of Specialist Teachers. The Government accordingly set aside Ext.P7 and directed the Director of Public Instruction to issue fresh orders, having regard to rule 3 of Chapter XXIII of the Kerala Education Rules. Hence this writ petition challenging Ext.P10 and seeking the following reliefs: i. Call for the records relating to Ext.P10 and quash the original of the same by the issue of a writ of certiorari or other appropriate writ or order. ii. Issue a writ of mandamus or other appropriate writ order or direction commanding the 6th respondent Manager to promote the petitioner as Headmaster from 1.4.2010 onwards implementing Exts.P1, P2, P3 and P7 orders. iii. Issue a writ of mandamus or other appropriate writ, order or direction commanding the 5th respondent Assistant Educational Officer to approve the appointment of the petitioner as Headmaster from 1.4.2010 onwards and disburse the salary and allowances forthwith in the scale of Headmaster. 6. iii. Issue a writ of mandamus or other appropriate writ, order or direction commanding the 5th respondent Assistant Educational Officer to approve the appointment of the petitioner as Headmaster from 1.4.2010 onwards and disburse the salary and allowances forthwith in the scale of Headmaster. 6. The principal contention raised in the writ petition is that though the post of Craft Teacher is not included in the category of Specialist Teacher in rule 3 of Chapter XXIII of the Kerala Education Rules, rule 34(b) of Chapter XIV-A of the Kerala Education Rules as amended and the Note to rule 45 of Chapter XIV-A of the Kerala Education Rules contemplate appointment of all types of Specialist Teachers including Craft Teachers as Headmasters of Upper Primary Schools and therefore, the stand taken by the Government in Ext.P10 cannot be sustained. It is contended that as the seniority of the petitioner over the seventh respondent is not in dispute and none of the parties have a case that the petitioner is not qualified to be appointed as Headmaster, the stand taken by the Government in Ext.P10 cannot be sustained. 7. The sixth respondent has sworn to a counter affidavit dated 8.2.2013. Relying on Ext.R6(a) and R6(b) letters dated 13.10.2008 and 2.2.2009 respectively, it is stated that though the petitioner had earlier staked a claim for being appointed as Headmaster-in-charge, it was rejected by the Assistant Educational Officer on the ground that a Craft Teacher is not a Specialist Teacher, that the said orders have attained finality and therefore, the petitioner cannot now contend that a Craft Teacher is a Specialist Teacher. The sixth respondent has also stated, relying on rule 3 of Chapter XXIII of the Kerala Education Rules that Craft Teachers are not included in the category of Specialist Teacher which consists of only Drawing Teachers, Physical Education Teachers, Sewing Teachers and Music Teachers and therefore, as a Craft Teacher is not a Specialist Teacher, the petitioner, a Craft Teacher, cannot be appointed as the Headmaster. Reference is also made to rule 34 of Chapter XIV-A of the Kerala Education Rules in support of the said contention. The petitioner has filed a reply affidavit dated 4.3.2013 reiterating the contentions raised in the writ petition. He has also contended relying on Ext.P18 provisional seniority list as approved by the Assistant Educational Officer, Pappinissery that he is senior to the seventh respondent. The petitioner has filed a reply affidavit dated 4.3.2013 reiterating the contentions raised in the writ petition. He has also contended relying on Ext.P18 provisional seniority list as approved by the Assistant Educational Officer, Pappinissery that he is senior to the seventh respondent. The seventh respondent has sworn to a counter affidavit dated 21.1.2013 reiterating the contentions raised by the sixth respondent. 8. I heard Sri. K.E. Hamsa, learned counsel appearing for the petitioner, Sri. T.R.Rajesh, learned Government Pleader appearing for respondents 1 to 5, Sri. M. Ramesh Chander, learned Senior Advocate appearing for the sixth respondent and Sri. S.M. Prasanth, learned counsel appearing for the seventh respondent. Sri. K.E.Hamsa, the learned counsel appearing for the petitioner contended that rule 34 of Chapter XIV-A of the Kerala Education Rules was amended with retrospective effect from 18.12.1984 to stipulate that in the case of upper primary schools and lower primary schools, a combined list of Upper Primary School Assistants and Lower Primary School Assistants, Junior Language Teachers and Specialist Teachers specified in rules 3 and 4 of Chapter XXXI, shall be prepared, that the purpose of the seniority list is to determine the position of the persons eligible for appointment as Primary School Headmaster by virtue of length of service and the qualifications prescribed for a Primary School Headmaster and that rule 45 of Chapter XIV-A of the Kerala Education Rules was amended even earlier by inserting a Note therein to the effect that Language Teachers/Specialist Teachers according to their seniority in the combined seniority list of Teachers shall also be appointed as Headmasters of Upper Primary School or Schools under an educational agency provided the teacher possesses the prescribed qualifications for promotion as Headmaster of an U.P.School on the date of occurrence of the vacancy. The learned counsel appearing for the petitioner contended that in such circumstances as the petitioner is admittedly senior to the seventh respondent and he possesses all the prescribed qualifications and in the seniority list, though only provisionally approved, he is placed above the seventh respondent, the Government erred in relying on rule 3 of Chapter XXIII of the Kerala Education Rules to hold that he is not eligible to be appointed as Headmaster of the school. 9. Per contra, Sri. M. Ramesh Chander, learned Senior Advocate appearing for the sixth respondent and Sri. 9. Per contra, Sri. M. Ramesh Chander, learned Senior Advocate appearing for the sixth respondent and Sri. S.M.Prasanth, learned counsel appearing for the seventh respondent contended that rule 3 of Chapter XXIII of the Kerala Education Rules indicates that a Craft Teacher is not included in the category of Specialist Teacher and therefore, as the petitioner is not a Specialist Teacher but only a Craft Teacher, he is not eligible to be appointed as Headmaster, notwithstanding the fact that while preparing the seniority list, Craft Teachers are also included in the category of Specialist Teacher. 10. I have considered the submissions made at the Bar by learned counsel appearing on either side. I have also gone through the pleadings and the materials on record. Rule 3 of Chapter XXIII of the Kerala Education Rules reads as follows: 3. The strength of the teaching staff in Upper Primary and Secondary Schools shall be fixed on the basis of the number of recognized class divisions and periods of work. The various posts of teachers shall be referred to by the following designations:- (i) Headmaster. (ii) High School Assistant. [iiA) High School Assistant-Language- (a) Malayalam (b) Tamil (c) Kannada (d) Sanskrit (e) Hindi (f) Arabic (g) Urdu (h) Latin (i) Hebrew, etc. (j) English. (iii) Upper Primary School Assistant. (iv) Lower Primary School Assistant. (v) Language Teacher. (a) Malayalam (b) Tamil (c) Kannada (d) Sanskrit (e) Hindi (f) Arabic (g) Urdu (h) Latin (i) Hebrew, etc. (vi) Specialist Teacher. (a) Drawing Teacher (b) Physical Education Teacher (c) Combined Drawing and Physical Education Teacher (d) Sewing Teacher (e) Music Teacher, etc. (vii) Craft Teacher. (viii) Part-time Teachers. (ix) Training School Assistant. 11. The said rule inter-alia stipulates that the various posts of teachers in Upper Primary Schools shall be referred to by the designations set out therein. As per the said rule, a Craft Teacher is not included in the category of Specialist Teacher. Only a Drawing Teacher, a Physical Education Teacher, a Combined Drawing and Physical Education Teacher, a Sewing Teacher and a Music Teacher, etc. are included in the category of Specialist Teacher in terms of rule 3 of Chapter XXIII of the Kerala Education Rules. 12. Only a Drawing Teacher, a Physical Education Teacher, a Combined Drawing and Physical Education Teacher, a Sewing Teacher and a Music Teacher, etc. are included in the category of Specialist Teacher in terms of rule 3 of Chapter XXIII of the Kerala Education Rules. 12. Rule 34 of Chapter XIV-A of the Kerala Education Rules as it originally stood before it was amended by Ext.P11 notification dated 7.3.2011 reads as follows: Rule 34: Every Management shall prepare and maintain in Form 11A a staff list otherwise called the seniority list of Teachers as specified below: (a) In the case of High Schools, a combined seniority list of teachers specified in clauses (ii) and (iiA) of rule 3, Chapter XXIII shall be prepared. (b) In the case of upper Primary school and Lower Primary school a combined seniority list of teachers if any, specified in clauses (iii), (iv) and (v) of rule 3, Chapter XXIII shall be prepared. 13. Rule 34 of Chapter XIV-A of the Kerala Education Rules as amended by Ext.P11 notification dated 7.3.2011 with effect from 18.12.1984 reads as follows: Rule 34: Seniority list- Every management shall subject to the provisions contained in rule 37, prepare and maintain in Form 11-A a staff list otherwise called a seniority list each for teachers in the High Schools and those in the Primary Schools, as specified below: (a) In the case of High Schools, a combined seniority list of High School Assistants (Subjects) and High School Assistants (Languages) specified in clauses (ii) and (ii-A) of rule 3, Chapter XXIII shall be prepared giving the High School Assistants (Languages) the credit of their entire service as High School Assistants (Language) irrespective of whether they are Graduates or Title Holders, without prejudice to the interse seniority of High School Assistants (Subjects) and High School Assistants (Languages). The purpose of the seniority list shall be only to determine the relative position of persons who shall be eligible for promotion as High School headmaster by virtue of length of service and prescribed qualifications for promotion as High School Headmaster. (b) In the case of upper Primary Schools and Lower Primary Schools, a combined seniority list of Upper Primary School Assistants, Lower Primary School Assistants, Junior Language Teachers and Specialist Teachers specified in Rules 3 and 4 of Chapter XXXI, shall be prepared. (b) In the case of upper Primary Schools and Lower Primary Schools, a combined seniority list of Upper Primary School Assistants, Lower Primary School Assistants, Junior Language Teachers and Specialist Teachers specified in Rules 3 and 4 of Chapter XXXI, shall be prepared. The purpose of the seniority list will be only to determine the position of persons eligible for promotion as Primary School Headmaster by virtue of length of service and prescribed qualifications for promotion as Primary School Headmaster. 14. Rule 45 of Chapter XIV-A of the Kerala Education Rules reads as follows: Subject to rule 44, when the post of Headmaster of a complete Upper Primary School is vacant or when an incomplete Upper Primary School becomes a complete Upper Primary School, the post shall be filled up from among the qualified teachers on the staff of the School or Schools under the Educational Agency. The person appointed as Headmaster shall have passed the SSLC or equivalent Examination with TTC issued by the Board of Public Examination, Kerala or TCH 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 a Degree in any subject and B.Ed/B.T/L.T conferred by or recognized by the Universities in Kerala or any other equivalent training qualification prescribed for appointment as Lower Primary School Assistant or Upper Primary School Assistant. Note:- The language/specialist teachers, according to their seniority in the combined seniority list of teachers shall also be appointed as Headmaster of U.P. School or Schools under an Educational Agency provided the teacher possesses the prescribed qualifications for promotion as Headmaster of U.P. School on the date of occurrence of vacancy. 15. Sub-rule (b) of rule 34 of Chapter XIV-A of the Kerala Education Rules as amended with retrospective effect from 18.12.1984 stipulates that the combined seniority list of Upper Primary School Assistants, Lower Primary School Assistants, Junior Language Teachers and Specialist Teachers specified in rules 3 and 4 of Chapter XXXI, shall be prepared. The purpose for which such a list is prepared is also set out therein namely to ascertain the position of the persons eligible for promotion as Headmasters of Primary Schools. The Note to rule 45 also refers to such a seniority list. The purpose for which such a list is prepared is also set out therein namely to ascertain the position of the persons eligible for promotion as Headmasters of Primary Schools. The Note to rule 45 also refers to such a seniority list. The reference in rule 34 (b) of Chapter XIV-A of the Kerala Education Rules is not to Specialist Teachers as defined in rule 3 of Chapter XXIII of the Kerala Education Rules but to Specialist Teachers specified in rules 3 and 4 of Chapter XXXI of the Kerala Education Rules. As per rules 3 (3) and 4 (4) of Chapter XXXI of the Kerala Education Rules, a Craft Teacher is also included in the category of Specialist Teachers. Rule 3(3) of Chapter XXXI of the Kerala Education Rules is extracted below:- 3(3). Specialist Teachers:- (i) Drawing Teachers:- A pass in S.S.L.C. Examination conducted by the Commissioner for Government Examinations Kerala or its equivalent and Group certificates in Drawing of the KGTE/MGTE or Certificate in Drawing and Painting (2 year course) issued by the Commissioner for Government Examinations, Kerala; or Diploma in painting, issued by the Commissioner for Government Examinations, Kerala; or Group Diploma in Drawing of the K.G.T.E or M.G.T.E. Or certificate in sculpture and modelling (2 year course) issued by the Commissioner for Government Examinations, Kerala. Or Certificate in Kerala Government Certificate Examination in Fine Arts issued by the Commissioner for Government Examinations, Kerala. (ii) Physical Education Teachers:-A pass in S.S.L.C. Examination conducted by the Commissioner for Government Examinations, Kerala (or its equivalent) and a pass in the Certificate Examination in Physical Education conducted by the Commissioner for Government Examinations, Kerala. Explanation: Ex-service men having certificate of Assistant Instructors course issued by the Army School or Physical training in the prescribed form are eligible for appointment as Physical Education Teachers in Upper Primary Schools. The minimum general educational qualification of S.S.L.C. need not be insisted in their case. Or Physical Training Course of the Armed Forces, namely the Assistant Instructors Basis Course in Physical Education, or the Army Physical Training Corps Instructors Course or Naval Physical Training Corps Instructors' Course or the Air Force ground Training Instructors Course. Provided that the Ex-service personnel shall have passed the S.S.L.C. Examination or its equivalent qualification. Or Physical Training Course of the Armed Forces, namely the Assistant Instructors Basis Course in Physical Education, or the Army Physical Training Corps Instructors Course or Naval Physical Training Corps Instructors' Course or the Air Force ground Training Instructors Course. Provided that the Ex-service personnel shall have passed the S.S.L.C. Examination or its equivalent qualification. Explanation:- The services of Ex-Physical Education Instructors of the Army/Navy/Air Force if any already appointed in aided school will be regularized from the date of appointment as fully qualified Physical Education teachers. If individual certificates of above courses are not issued on completion of the courses to the trainees, the discharge certificate issued by the concerned Defence authorities to the Ex-Physical Education Instructors mentioned above will be taken as sufficient proof for their having undergone the respective courses successfully. Note:- Certificate of Physical Education of Mysore will be recognized as a qualification for appointment of Physical Education Teachers in Schools in Linguistic minority area of Kasargod. Or a pass in the Vocational Higher Secondary Education in Physical Education conducted by the Board of Vocational Higher Secondary Education, Kerala or its equivalent or any degree in Physical Education (Regular Course) such as B.P.Ed/MP.Ed etc conferred or recognised by any of the Universities in Kerala. (iii) Music Teachers:-Graduation in Music conferred or recognised by the Universities in Kerala; or (a) A pass in S.S.L.C. Examination conducted by the Commissioner for Government Examinations Kerala or its equivalent and (b) A pass in Gana Praveena or Ganabhooshana Examination in Vocal Music or Ganabhooshana Diploma, in Violin/Veena conducted by the Commissioner for Government Examinations Kerala or (iv) Sewing Teachers:- A pass in S.S.L.C. Examination conducted by the Commissioner Music Senior Certificate issued by the Commissioner for Government Examinations Kerala or K.G.T.E. (Higher) or M.G.T.E. (Higher) in Music. for Government Examinations, Kerala or its equivalent; and Group Certificate in Needle work and Dress Making K.G.T.E (Higher) or M.G.T.E.(Higher); or Group Certificate in Tailoring K.G.T.E.(Higher) or M.G.T.E. (Higher); or Diploma in Craftsmanship (Tailoring and Garment Making) issued by the Director of Industries and Commerce, Kerala or by the Director of Technical Education Kerala or National Trade Certificate in Cutting and Tailoring or in Dress Making issued by the National Council for training in Vocational Trade Government of India. (v) Craft Teachers:- (1) A pass in S.S.L.C. Examination conducted by the Commissioner for Government Examinations, Kerala or its equivalent qualification. (v) Craft Teachers:- (1) A pass in S.S.L.C. Examination conducted by the Commissioner for Government Examinations, Kerala or its equivalent qualification. and (2) Kerala Government Technical Examination or Madras Government Technical Examination in the particular craft subjects. or Diploma in Craftsmanship issued by the Director of Industries and Commerce, Kerala or by the Director of Technical Education, Kerala or any other equivalent qualification. 16. Rule 4(4) of Chapter XXXI of the Kerala Education Rules is extracted below: Rule 4(4):- Specialist Teachers: (i) Music Teachers:- Graduation in Music conferred or recognised by the universities in Kerala; or (a) A pass in S.S.L.C. Examination conducted by the Commissioner for Government Examinations, Kerala or its equivalent and (b) A pass in Gana Praveena or Ganabhooshana Examination in Vocal Music or Ganabhooshana Diploma in Violin/Veena conducted by the Commissioner for Government Examinations Kerala; or Music Senior Certificate issued by the Commissioner for Government Examinations Kerala; or K.G.T.E.(Higher) or M.G.T.E.(Higher) in Music. (ii) Sewing Teachers:- A pass in the S.S.L.C. Examination conducted by the Commissioner for Government Examinations, Kerala or its equivalent and 2. Group certificate in Needle work and Dress making K.G.T.E. (Higher) or M.G.T.E. (Higher) or Group certificate in Tailoring K.G.T.E (Higher) or M.G.T.E.(Higher) or Diploma in Craftsmanship (Tailoring and Garment making) issued by the Director of Industries and Commerce Kerala or by the Director of Technical Education Kerala or National Trade Certificate in Cutting and Tailoring or in Dress making issued by the National Council for Training in Vocational Trades, Government of India. 17. The Government have not in Ext.P10 order taken note of the amended provisions of rule 34 as also the Note to rule 45 of Chapter XIV-A of the Kerala Education Rules when it held relying on rule 3 of Chapter XXIII of the Kerala Education Rules that a Craft Teacher is not a Specialist Teacher. While it is true that for the purpose of staff fixation, a Craft Teacher is not treated as a Specialist Teacher, it is crystal clear from the Note to rule 45 and the stipulations in rule 34(b) of Chapter XIV-A of the Kerala Education Rules, that the intention of the rule making authority was to include Craft Teachers also in the category of Specialist Teacher for the purpose of determining the seniority among the teachers of Upper Primary and Lower Primary Schools eligible for promotion as Headmaster. In other words, it is evident from rule 34(b) of Chapter XIV-A of the Kerala Education Rules as amended with retrospective effect from 18.12.1984 and the Note to rule 45 of Chapter XIV-A of the Kerala Education Rules, that the intention of the Government was to make Craft Teachers also eligible for appointment as Headmasters of Upper Primary and Lower Primary Schools by treating them as Specialist Teachers. The Government being the author of the rule cannot be said to be unaware when it amended rule 34, that a Craft Teacher is not included in the category of Specialist Teacher for the purpose of staff fixation. It is evident from the Explanatory Note to Ext.P11 notification by which rule 34 of Chapter XIV-A of the Kerala Educational Rules was amended that the intention of the Government was to make Language Teachers and Specialist Teachers including Craft Teachers eligible for promotion as Headmasters of Upper Primary Schools and Lower Primary Schools. The Government, in my opinion, misdirected itself when it held without referring to amended rule 34 of Chapter XIV-A of the Kerala Education Rules and the Note to rule 45 of Chapter XIV-A of the Kerala Education Rules that a Craft Teacher is not a Specialist Teacher in view of rule 3 of Chapter XXIII of the Kerala Education Rules. The stand taken by the Government in Ext.P10 cannot in my opinion be sustained. I accordingly hold that the petitioner is entitled to succeed. For the reasons stated above, I allow the writ petition, set aside Ext.P10, restore Exts.P1, P2, P3 and P7 orders passed by the Assistant Educational Officer, the District Educational Officer and the Director of Public Instruction respectively and direct the sixth respondent to appoint the petitioner as Headmaster with effect from 1.4.2010 when the vacancy of Headmaster arose in the school, within one week from the date on which the petitioner produces a certified copy of this judgment before the sixth respondent. The Manager shall within one week from the date of issue of the appointment order forward it to the Assistant Educational Officer, Pappinissery for approval and the Assistant Educational Officer shall within two weeks from the date of receipt of the appointment order issue orders approving the petitioner's appointment. Needless to say the petitioner will be entitled to salary and allowances with retrospective effect from 1.4.2010. The parties shall bear their respective costs.