JUDGMENT : All these writ petitions relied to the appointment to the post of H.S.S.T (Junior) in English in the Moothedeth Higher Secondary School. W.P.C No. 30573/16 is filed for implementation of the Government order in which the appointment of H.S.S.T (Junior) was directed to be made in accordance with the Special Rules in accordance with the ratio 1:4 on the cadre strength. According to which, the appointment to the post of H.S.S.T (Junior) is to be appointed by transfer. While Smt Devika, who is the senior most qualified H.S.A in the School claims appointment against the vacancy in the School on account of creation of the post in the year 2011-12. Smt. Bhavana, who is the petitioner in W.P.C No.31412/16 has filed the writ petition to sustain her appointment made by the Manager with effect from 13.6.2013. The Manager has also filed W.P.C No. 31248/16 challenging the Government Order and denial of approval to the appointment granted to Smt. Bhavana. The Government sanctioned 10 posts of H.S.S.T (Junior) and one post of H.S.S.T in the year 2010-11 to the School. It is note in dispute that the appointment to the said post were made in accordance with law. According to the Manager appoints of 7 posts were made by direct recruitment and 3 by transfer. 2. In the year 2011-12, the Government sanctioned two additional posts of H.S.S.T (junior) while upgrading 6 posts of H.S.S.T (junior) as H.S.S.T. As a result of these upgradation and sanctioned the total number of post become 10+2-6 i.e., 6. But, the Manager appointed Smt. Bhavana on 13.6.2013. That appointment was not approved by the Regional Deputy Director of Education. However, the Regional Deputy Director took a different view that there were altogether 13 posts of H.S.S.T in this School and the 12th and 13th posts sanctioned by the Government on 23.02.2013 should not have been divided by the Manager as English and Commerce. The Manager as well as the teacher took up the matter before the Director. The Director also took up the very same view and first post should have been filled up by transfer category and remain 75%, i.e., 3 posts should be filled up by direct recruitment and out of the 13 posts, 4 should be filled by transfer category. The Manager as well as the teacher took up the matter before the Director. The Director also took up the very same view and first post should have been filled up by transfer category and remain 75%, i.e., 3 posts should be filled up by direct recruitment and out of the 13 posts, 4 should be filled by transfer category. The petitioner took up the matter before the Government and Government pass orders as per Ext.P7, in which also Government considered all the posts that is of H.S.S.T (junior) as well as H.S.S.T together and ordered that 4 posts should have been filled up by transfer category and hence the rejection of approval to the appointment of Smt. Bhavana was upheld. Smt. Bhavana filed W.P.C No.5380/15 challenging Ext.P7 order. By Ext.P5 judgment, this Court held that cadre strength of H.S.S.T (junior) and H.S.S.T cannot be clubbed together and all the authorities have issued orders on erroneous application of the rules. Therefore, after quashing Ext.P7 order, the Government was directed to pass a fresh orders. Thereafter, the Government issued Ext.P10 order from 31.08.2016, in which in paragraph 4 Government stated as follows: "Moothedeth High School was upgraded as a Higher Secondary School during the academic year 2010-11 with initial sanction of two batches and consequential sanction of one post of HSST and 10 posts of HSST (junior). The manager appointed one HSST by direct recruitment and 3 HSST (junior) by transfer under the 25% quota. In the second year of sanction of Higher Secondary batches to the school i.e., during 2011-12, out of the 10 posts of HSST (junior), 6 posts were upgraded as HSST. Therefore, there are 4 posts of HSST (junior) continuing from 2010-11 onwards. Out of this, 4 HSST (junior), one HSST (junior) belonged to the by transfer category. During the same year consequent on the sanction of one additional batch, two more posts of HSST (junior), (i.e., one post each of HSST (junior) in English and Commerce), the cadre strength of HSST (junior) was enhanced to 6 as against the pre-existing 4 posts of HSST (junior). It is seen that out of the total strength of 6 HSST (junior) only one belonged to the appointment by transfer category." 3. Finally it was directed that the Government found that appointments were made without maintaining the ratio in accordance with Special Rules. It is seen that out of the total strength of 6 HSST (junior) only one belonged to the appointment by transfer category." 3. Finally it was directed that the Government found that appointments were made without maintaining the ratio in accordance with Special Rules. It was also found that Smt. Devika was eligible for appointment by the transfer category and the Manager shall filling up the vacancy by appointing Smt Bhavana was not in order. In this order, which is under challenge in W.P.C. Nos. 31212/16 and 31848/16, while Smt. Devika seeks implementation of the same. 4. Heard the learned counsel appearing for the petitioners in the respective writ petitions and the learned Government Pleader. 5. As per the provisions contained in Chapter XXXII K.E.R, appointments to the post of H.S.S.T (junior) which is to be read as follows: "Method of appointment of Higher Secondary School Teacher (HSST) Junior: 1. By transfer (i) By transfer from qualified High School Assistants in the subject concerned under the Educational Agency. (ii) In the absence of qualified hands under item (i) above, by transfer from qualified Upper Primary School Assistants/Lower Primary School Assistants in the subject concerned under the Educational Agency. 2. By direct appointment (i) 25% of the total posts shall be filled up by the method specified in item (1) above on seniority-cum suitability basis and 75% of such post shall be filled up by direct recruitment. (ii) When qualified persons are not available to fill up the vacancies set apart for appointment by transfer under item 1 above, such vacancies also shall be allotted for direct appointment." 6. As per Rule 4, H.S.S.T (junior) comes under category 3 as per note below Rule No.3 provide that 25% of the total post have to be filled up by transfer on the basis of seniority/ suitability and 70% by direct appointment. 7. It is noted dispute that the number of post of H.S.S.T (junior) sanctioned in the year 2010-11. When in the next academic year the Government sanctioned two more posts of H.S.S.T (junior). The Government also ordered upgradation of 6 posts of H.S.S.T (junior) simultaneously. On account of this upgradation as well as additional sanctioned the number of post became 10+2-6 i.e., 6. These two 6 posts when apportioned in the ration 1:4. When in the next academic year the Government sanctioned two more posts of H.S.S.T (junior). The Government also ordered upgradation of 6 posts of H.S.S.T (junior) simultaneously. On account of this upgradation as well as additional sanctioned the number of post became 10+2-6 i.e., 6. These two 6 posts when apportioned in the ration 1:4. In case 25% of the 6 posts of H.S.S.T (junior) is to be set apart for by transfer of appointment. At the relevant time, when the post of sanctioned and upgradation there was only one H.S.S.T (junior) which was appointed by transfer. Hence there was no scope for appointment in the direct recruitment category. 8. In the above circumstances, Smt Devika, who was the senior most H.S.A was liable to be considered and appointed as H.S.S.T (junior). As per the rules, the appointment to the post of H.S.S.T (junior) has to be made through a selection committee, In this case it is seen that Smt.Devika had submitted the application for selection by direct recruitment also and she was ranked as rank No.8, as can be seen from Ext.P5 in W.P.C No 31848/16. Since she was already been included by the Selection Committee, it is not necessary for a further process of selection for her appointment. 9. Under the above circumstances, the action of the Manager as found by the Government in the impugned order was not correct. Smt. Devika is entitled to be appointed against vacancy in which Smt. Bhavana was appointed with effect from 03.06.2013. The order passed by the Government is not liable to be interfered. Accordingly W.P.C Nos. 31848/16 and 31212/16 are dismissed and W.P.C No. 30573 is allowed.