REGHU Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard.

(2.) An interesting question as to the effect of Note (1) to R.1(1) of Chap.14A of the Kerala Education Rules, 1959 (in short 'the Rules') falls for determination in this Writ Appeal. Before learned Single Judge, appellant as petitioner laid a claim for appointment as a teacher in preference to respondents 5 and 6. Learned Single Judge observed that the moot question was whether a claimant under R.51A of Chap.14A of the rules would come within the term "teacher" mentioned in Note (1) to sub-r.(1) of R.1 of the same Chapter. After noticing the factual aspects, learned Single Judge observed that appellant's claim was untenable.

(3.) Stated in brief, appellant's case, as set out in the petition, is as follows:- He was appointed as a peon in the school under the management of the 4th respondent in July, 1978. He acquired graduate qualification in 1986 and B.Ed. degree in May, 1989. During the relevant time, 5th respondent, a trained graduate, was working in the school in the leave vacancy of an Upper Primary School Assistant (in short 'U.P.S.A.') which arose in 1988 and which was to expire on 1.6.1993. On 25.7.1989, another leave vacancy arose, of a primary teacher, for a period of 72 days. A representation was filed by appellant before Manager requesting him to appoint him to the above post. He placed reliance on Note (1) to sub-r.(1) of R.1 of Chap.14A of the Rules. But Manger did not fill up the vacancy. Thereafter two permanent vacancies arose on 4.6.1990 in the post of U.P.S.A. Again, appellant put forward a claim for one of the two posts. But Manager shifted 5th respondent from the leave vacancy to one of the permanent vacancies and appointed 6th respondent, as a claimant under S.51A of Chap.14A of the Rules, in the second vacancy. At the time of staff fixation, one Division was reduced and therefore there was only one permanent vacancy available. Manager accommodated 6th respondent in the leave vacancy in which 5th respondent was originally working. A complaint was lodged before educational authority who directed Manager to appoint appellant with effect from 4.6.1990 against the regular vacancy.