VIJAYARAGHAVAN K K Vs. DISTRICT EDUCATIONAL OFFICER , VADAKARA

JUDGEMENT

(1.) The issues raised in this appeal for resolution of this Court pirouettes on Rule 51A of Chapter XIV-A Kerala Education Rules. The said Rule, of course, provides that qualified teachers who are relieved from service on account of termination of vacancies shall obtain preference for appointment to future vacancies.

(2.) The dispute in this case is not merely whether the teacher concerned has obtained a right under Rule 51A but is also if such a right would get effaced on account of the failure of the teacher to take action for long periods of time even after fresh vacancies arose.

(3.) To exacerbate the problem in this particular case, for long periods of time the teacher stood silent and the provisions of the Statute changed, impelling a further question whether the right obtained by the teacher under Rule 51A would inure to him/her, for being considered for future vacancies, notwithstanding the amendment to the law, on the ground that he/she is entitled to be considered for appointment in terms of the statutory prescriptions as it stood at the time when right crystallized.