STATE OF KERALA Vs. SNEHA CHERIYAN

JUDGEMENT

(1.) Leave granted.

(2.) We are in these cases called upon to decide whether a minimum continuous service in an academic year is a pre-requisite for raising a claim for re-appointment under Rule 51A of Chapter XIV A of the Kerala Education Rules, 1959 (for short ' the KER') in view of sub-rule (3) of Rule 7A of the same chapter of the KER.

(3.) In the State of Kerala, the power for appointment of teachers in aided schools is conferred on Managers of such schools under Section 11 of the Kerala Education Act, 1958 (for short 'the Act') while the salary and other benefits are to be borne by the State Government under Section 9 of the Act. Qualified teachers who are so appointed when relieved as per Rule 49 or 52 or on account of termination of vacancies shall have preference for appointment to future vacancies as per Rule 51A of Chapter XIV A of the KER. Therefore, when vacancy arises, the Manager is bound to comply with the procedure under Rule 51A and cannot deny that statutory claim. When once a valid appointment is given to the teachers and such appointments are approved ipso facto they become entitled to the benefits under Rule 51A.