JAYARAMA BHAT Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was appointed by the 5th respondent Manager of an aided school admittedly as a lower grade Sanskrit teacher in the U.P.School. His services were terminated on 13-10-99 when the vacancy ceased to exist. The petitioner is thus a claimant under R.51 - A Chap.14A KER. Petitioner later acquired qualification to be appointed as lower grade Hindi teacher in the U.P. School, admittedly on 9-10-2000. A vacancy of lower grade Hindi teacher arose in the school on 24-6-2000. The 6th respondent was appointed in that vacancy. Petitioner has approached this court seaking a direction to the 5th respondent to appoint the petitioner "as UPSA (Hindi) in AUP School, Kuntar" and not to approve the appointment of the 6th respondent. Petitioner further seeks a declaration that "a 51 - A claimant is entitled to be appointed in similar and identical posts provided he is qualified".

(2.) Petitioner cannot get any of these reliefs on several reasons. First of all the petitioner had approved service only as Lower grade language teacher (Sanskrit). Therefore, the claim of the petitioner under R.51 - A Chap.14A KER is against that post. It has been held in Gopalakrishnan Nair v. D.E.O. ( 1988 (1) KLT 644 D.B) that,

(3.) Even otherwise, petitioner cannot, lay claim against the post of Hindi teacher. When the petitioner acquired a right under R.51 - A Chap.14A KER on 13-10-99, on termination of the vacancy against which he was appointed, he was not qualified for the post of Hindi teacher. He acquired the necessary qualification for appointment as Hindi teacher only on 9-10-2000. It has been held by a Division Bench of this court in Anilkumar v. Beena ( 2000 (1) KLT 286 ) that,