Subject to subsection (5a) of this section, where, pursuant to the said regulations, the Appointments Committee is required to recommend for appointment to any position an applicant of a particular class or description, or an applicant who has some particular right created by those regulations, or who has some particular class or description of service, then, notwithstanding subsections (1) to (3) of this section, no applicant for appointment to that position shall have a right to appeal against the appointment of any person to that position unless, as the case requires, that applicant is of the same class or description, or has the same right, or has the same class or description of service, as the person appointed is or has.

Where a position’s grade has been or is to be raised, and, pursuant to the said regulations, the Appointments Committee is required to compare the teacher who held that position immediately before its grade was raised or, as the case requires, the teacher who holds that position, with some applicant for appointment to that position who has some particular right created by those regulations (in this subsection referred to as the selected applicant), and to recommend one of them for appointment to that position, then, notwithstanding subsections (1) to (3) of this section, no applicant for appointment to that position shall have a right to appeal against the appointment of any person to that position unless that applicant is—