further stated in the counter affidavit that the petitioners are SSLC and TTC holders and at the time of their appointment there were several claimants under R. 51A of Chapter XIV-A K.E.R. who were awaiting appointments under the Management. But all these claimants were formerly appointed as U.P.S. Assistants and not as L.P.S. Assistants. Thus it cannot be said that there were valid claimants of L.P.S. Assistants under R. 51A of the K.E.R. at the time of the appointment of the petitioners. As already indicated, U.P.S. Assistants have no preferential claim for appointment as L.P.S. Assistants under R.51-A of the K.E.R. over persons who were appointed as L.P.S. Assistants. The amendment by Ext. P3 also did not vary the legal position that the posts of UPSA and LPSA are different in nature. 15. In the latter decision in Rejimol's case (2004 (2) KLT 899) also a similar question was examined. Therein, the senior most L.P. S.A. was promoted as Headmistress and the petitioner in the writ petition, a UPSA staked claim for appointment. In para 6, while discussing the legal aspects concerning the matter, it was held thus, relying upon Mary George's case (1999 (3) KLT 912): The question is what will be the situation in a school having both Lower Primary and Upper Primary sections and where the Headmaster is to be from the Lower Primary Section? Before tackling the question yet another issue also has to be analysed. Whether a Lower Primary School Assistant can teach in an Upper Primary class and vice versa? That question is no more res integra. In Mary George v. State of Kerala, 1999 (3) KLT 912, it has been held that both the categories of teachers are not one and the same and that they are different in nature and duties. In the judgment dated 8.1.1996 in W.A. No. 1499/1995 also a Division Bench of this Court has held that under R.51-A of Chapter XIV-A KER a retrenched H.S.A. cannot claim the vacancy of an UPSA and a retrenched UPSA cannot claim the vacancy of a LPSA. Therefore, there cannot be a dispute on the position that a Lower Primary School Assistant cannot teach in an Upper Primary class. 16. Ext. P13 produced in W.P.(C) No. 27985/2010 also lays down that the posts of LPSA and UPSA are different in nature and duties. Therefore, it is clear from the said judgment also that a LPSA cannot teach in Upper Primary class and vice-versa. Therefore, the nature of duties of LPSA and UPSA are quite different. Hence, the teachers in these posts cannot be shifted at the whims and fancies of the Manager. 17. The next question is whether in the absence of a prohibition in the rule the Manager can shift a teacher working as UPSA to the L.P. section. Herein, evidently the vacancy arose in the cadre of LPSA on 1.6.2009. Section 7 of the Act and Rule 9 of Chapter III are relevant in this context. Section 7(2) provides that the Manager shall be responsible for the conduct of the school in accordance with the provisions of the Act and the Rules thereunder. The position is evident from Rule 9 of Chapter III of the Rules which deals with the duties and powers of the Managers of Aided schools. Sub-rule (1) provides as follows: The Manager shall be responsible for the conduct of the school strictly in accordance with the provisions of the Kerala Education Act and the Rules issued thereunder. He shall also abide by the orders that may be issued from time to time by the Government and the Department in conformity with the provisions of the Act and the rules issued thereunder.