JUDGMENT : N. NAGARESH, J. 1. W.P.(C) No.17673/2023 has been filed by the petitioner, who is a Higher Secondary School Teacher (Chemistry) in Brahmanandodayam Higher Secondary School, Kalady, seeking to declare that the petitioner has a statutory right under Rules 4 and 5 of Chapter XXXII KER to be considered for appointment as Principal of the 4 th respondent-Higher Secondary School in the resultant vacancy of Smt. Sandhya T. retiring on 31.03.2023. 2. W.P.(C) No.3753/2025 has been filed by the 5 th respondent in W.P.(C) No.17673/2023, who is working as Headmaster in the High School Section of the same Higher Secondary School, seeking to set aside Ext.P7 and to declare that Ext.P7 Kerala Education (Amendment) Rules, 2024 will not govern the appointment of the petitioner against the vacancy of Principal arisen on 01.06.2023. 3. W.P.(C) No.32282/2025 has been filed by the very same 5 th respondent seeking to direct the 4 th respondent to appoint the petitioner as Principal with effect from 01.06.2025 and to direct the 3 rd respondent-RDD to approve the appointment with effect from 01.06.2025. The parties and exhibits in the writ petitions are referred to as they are described/marked in W.P.(C) No.17673/2023 for convenience. 4. The petitioner in W.P.(C) No.17673/2023 states that she is working as HSST with effect from 14.08.2000 and has 23 years of service. A vacancy of Principal arose in the School on 01.06.2023 consequent to the retirement of Smt. Sandhya. The petitioner would urge that she is the seniormost HSST qualified for appointment as Principal. The 5 th respondent and three other Vice Principals of various Higher Secondary Schools filed W.P.(C) No.16328/2023 challenging Ext.P4 G.O. dated 03.05.2023 which ordered that 8 hours teaching is compulsory for Higher Secondary School Principals. This Court, by interim order dated 24.05.2023, directed to consider to appoint the 5 th respondent against the next arising vacancy as per Ext.P5. The petitioner contends that the 5 th respondent has only two years service as Headmaster while the petitioner is having 23 years of service as HSST. The petitioner states that the Manager is considering only the 5 th respondent for appointment as Principal treating the interim order as a mandatory order. 5. The petitioner states that the post of Headmaster is not existing in an upgraded High School as Higher Secondary School. The petitioner states that the Manager is considering only the 5 th respondent for appointment as Principal treating the interim order as a mandatory order. 5. The petitioner states that the post of Headmaster is not existing in an upgraded High School as Higher Secondary School. The petitioner submits that in view of the statutory amendment in KER brought into force with effect from 21.05.2019, the post of Headmaster is not existing. The petitioner being the seniormost HSST has to be appointed as Principal irrespective of the fact that the 5 th respondent was Headmaster of the High School. 6. During the pendency of W.P.(C) No.17673/2023, the 5 th respondent filed W.P.(C) No.3753/2025. The 5 th respondent stated that he is the Headmaster of the High School Section and is fully qualified and eligible for by-transfer appointment as Principal in the Higher Secondary School as per the unamended Rules 4 and 6 of Chapter XXXII KER . The method of appointment and qualification for appointment to the post in Aided Higher Secondary Schools is governed by Chapter XXXII . As per Rule 4(1) of Chapter XXXII, the method of appointment to the post of Principal is by promotion from the post of HSST or by-transfer from qualified Headmasters. Note (iii) provides that the method of appointment shall be in the ratio 2:1 between promotion and by-transfer. 7. The 5 th respondent holds MA History with 50% marks. He has B.Ed and has passed SET. He has 12 years of service in the cadre of HST. The 5 th respondent is the only Headmaster under the Management. The 5 th respondent states that after sanctioning of post of Principal, Higher Secondary, two Principals were duly appointed from the cadre of HSST. The second among them, Smt. T. Sandhya, retired from service on 31.05.2023. Therefore, the vacancy that occurred on 01.06.2023 has to be filled up by-transfer from Headmasters. The petitioner is the sole Headmaster eligible and qualified for appointment. 8. However, in the meanwhile, the Government of Kerala issued Ext.P3 G.O. dated 03.05.2023 imposing certain conditions for by-transfer appointments of Headmasters and Principals. As per Ext.P3 G.O., for by-transfer appointment as Principal, the concerned subject of the Headmaster should be available in the Higher Secondary. If a Higher Secondary School Teacher in the same subject was available in the School, then such promotion need not be granted to a Headmaster. As per Ext.P3 G.O., for by-transfer appointment as Principal, the concerned subject of the Headmaster should be available in the Higher Secondary. If a Higher Secondary School Teacher in the same subject was available in the School, then such promotion need not be granted to a Headmaster. The ratio 2:1 between promotion and by- transfer appointment was to be strictly adhered to. Ext.P3 stated that appropriate amendment in the KER would be brought out. 9. The 5 th respondent states that Ext.P3 order effectively deprived the petitioner and other similarly placed Headmasters of the promotion rightfully due as per Rules 4(1) and 6(1) of Chapter XXXII KER . The 5 th respondent filed W.P.(C) No.16328/2023 challenging G.O. dated 03.05.2023. This Court, on 24.05.2023, passed an interim order directing the Management to consider the appointment of the 5 th respondent against the next arising vacancy of Principal. The petitioner filed W.P.(C) No.17673/2023 seeking promotion. This Court, by interim order dated 31.05.2023, directed the Manager to consider the petitioner along with the 5 th respondent. The Manager thereupon appointed the petitioner as the Principal-in-Charge as per Ext.P4 order dated 01.06.2023. 10. W.P.(C) No.16328/2023 was later allowed as per Ext.P5 judgment dated 26.03.2024. This Court directed the respondents to consider the claim of the 5 th respondent and others for appointment against the vacancy of Principal. Ext.P5 judgment was challenged by the petitioner filing W.A. No.480/2024. During the pendency of the writ appeal, the Government issued order dated 24.08.2024 approving the appointment of the 2 nd petitioner in W.P.(C) No.16328/2023 as Principal. The 1 st respondent, however, did not issue order in respect of the 5 th respondent since W.A. No.480/2024 was pending. 11. In the meanwhile, Ext.P7 G.O. dated 30.11.2024 was issued amending Rule 4 of Chapter XXXII of KER . The newly introduced Note (3) in Column (3) of Rule 4 provided that appointment as Principal in a Higher Secondary School through by-transfer from Headmasters of High School shall not be done where the teaching subject of the Headmaster was not available in the Higher Secondary School or where HSST / HSST (Junior) in the same subject was available. Ext.P7 amendment is given effect from 03.05.2023. The 5 th respondent therefore challenged Ext.P7 amendment and its retrospective operation. 12. Ext.P7 amendment is given effect from 03.05.2023. The 5 th respondent therefore challenged Ext.P7 amendment and its retrospective operation. 12. The Regional Deputy Director of Higher Secondary Education, Ernakulam issued an order dated 08.08.2025 holding that it is the petitioner who is the seniormost HSST, who has to be appointed as Principal and the 5 th respondent cannot be appointed. It was ordered that a decision in this regard can be taken subject to the outcome of W.A. No.480/2024 and W.P.(C) No.17673/2023. The 5 th respondent challenges the said order dated 08.08.2025 marked as Ext.P9 in W.P.(C) No.32282/2025. 13. The 1 st respondent-State of Kerala filed counter affidavit in W.P.(C) No.17673/2023. The 1 st respondent stated that the Government created posts of Principal in Government and Aided Schools by upgrading the corresponding number of HSST posts. The 1 st respondent insisted that the Principals will also do teaching work simultaneously. There will not be any increase in the total sanctioned strength of teaching staff including the post of Principal. 14. The 1 st respondent stated that none of the grounds urged by the petitioner is legally sustainable and the petitioner is not entitled to any relief. The 1 st respondent filed a counter affidavit in W.P.(C) No.3753/2025 also. The 1 st respondent stated that a Headmaster to be appointed as Principal should be the seniormost incumbent who possesses the requisite qualification in the subject of the vacant HSST post in the Higher Secondary School. The method of appointment and qualification of Teachers and Principals in Aided Higher Secondary Schools is governed by GO(P) No.331/2001/G.Edn. dated 09.11.2001. 15. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the State of Kerala. 16. The petitioner is working as HSST (Chemistry) in the Brahmanandodayam Higher Secondary School, Kalady from 14.08.2000. The 5 th respondent is working as HST (Social Science) since 01.06.1998 and is functioning as Headmaster in the Brahmanandodayam High School with effect from 01.01.2021. The vacancy of Principal in Brahmanandodayam Higher Secondary School arose on 01.06.2023. The Manager has provisionally appointed the 5 th respondent as Principal-in-Charge with effect from 01.06.2023. The issue arising is as to the competing claims of the petitioner and the 5 th respondent to occupy the post of Principal. 17. The vacancy of Principal in Brahmanandodayam Higher Secondary School arose on 01.06.2023. The Manager has provisionally appointed the 5 th respondent as Principal-in-Charge with effect from 01.06.2023. The issue arising is as to the competing claims of the petitioner and the 5 th respondent to occupy the post of Principal. 17. The method of appointment and qualifications of Teachers and non-teaching staff in Aided Higher Secondary Schools are governed by Chapter XXXII of KER . The method of appointment to the post of Principal under Rule 4(1) is as follows:- (1) By promotion from Category II (HSST) under the respective educational agency. Or (2) By transfer from qualified Headmasters / Headmistresses of Aided High Schools and Vice Principals of Aided Schools under the respective educational agency. Note (iii) provides that the post shall be filled up by methods specified in item (i) and (ii) in the ratio 2:1. If qualified candidates are not available for appointment to a vacancy by any one of the methods specified above, such vacancy shall be filled up by the other method. 18. In fact, going by the ratio 2:1, the vacancy of the Principal shall be filled up appointing a Headmaster, in which case the 5 th respondent will be eligible. However, the 5 th respondent's subject is History. Going by G.O. dated 03.05.2023, Headmaster can be promoted as Principal only if there is a vacancy in the subject in the Higher Secondary Section. As per the staff fixation, there is a post of HSST in the School. However, as on the date of occurrence of vacancy, there is another HSST (History) working in the School. Therefore, the 5 th respondent cannot make a claim for appointment as Principal. 19. The 5 th respondent has challenged the amendment made to Rule 4 Chapter XXXII KER . The amendment produced as Ext.P7 in W.P.(C) No.3753/2025 reads as follows: 1. Short title and commencement. — (1) These rules may be called the Kerala Education (Amendment) Rules, 2024. (2) They shall be deemed to have come into force on the 3 rd day of May, 2023. 2. Amendment of the rules. The amendment produced as Ext.P7 in W.P.(C) No.3753/2025 reads as follows: 1. Short title and commencement. — (1) These rules may be called the Kerala Education (Amendment) Rules, 2024. (2) They shall be deemed to have come into force on the 3 rd day of May, 2023. 2. Amendment of the rules. ---- In the Kerala Education Rules , 1959, in Chapter XXXII, in rule 4, in the TABLE, against serial number 1 in column (3), after Note (iii), the following entry shall be inserted, namely:- "(iv) Appointment as Principal, Higher Secondary School through by transfer recruitment from Head Masters of Aided High Schools shall not be done where the teaching subject of the Head Master, Aided High Schools is not available in the Higher Secondary Schools to which he is proposed to be appointed and where HSST/HSST Junior with the same teaching subject of the Head Master to be promoted as Principal, are already there in the Higher Secondary Schools." 20. The question is whether the afore amendment providing that for appointment of Headmasters of Aided High Schools as Principals of Higher Secondary Schools, the insistence that appointment shall not be done where the teaching subject of the Headmaster is not available in the Higher Secondary Schools to which appointment is proposed, is justifiable or not. 21. A Principal in a Higher Secondary School is expected to take classes for 21/16 periods per week depending on the category of posts (HSST/HM) they were holding at the time of promotion as Principal. Therefore, the Government decided that while appointing a Principal, the Manager should ensure that the candidate possesses all the prescribed qualifications for the subject to accommodate the vacant HSST post in the School in which he is going to be appointed as Principal. The Government as per G.O. dated 26.02.2021, decided that if the School is having a working HSST / HSST (Junior) in the same subject, the Headmaster shall not be appointed as Principal. 22. The Government has created the posts of Principals in Higher Secondary Schools by upgrading corresponding number of HSST posts on condition that there would not be any increase in the total sanctioned strength of teaching staff including the post of Principal. 22. The Government has created the posts of Principals in Higher Secondary Schools by upgrading corresponding number of HSST posts on condition that there would not be any increase in the total sanctioned strength of teaching staff including the post of Principal. Therefore, it is incumbent that there should be a post of HSST in the same subject (for which a Headmaster is qualified) and there is no other existing HSST in the same subject. 23. In the afore circumstances, I am of the view that the claim of the 5 th respondent for promotion as HSST cannot be acceded to. The writ petitions are therefore disposed of as follows: (i) W.P.(C) No.17673/2023 is disposed of directing the 4 th respondent-Manager to appoint the petitioner as Principal with effect from 01.06.2023. (ii) W.P.(C) Nos.3753/2025 and 32282/2025 are dismissed.