[Civil Appeal No. 1643 of 2013 arising out of SLP(C) No.22332 of 2009]. 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. 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 Rule49 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. The Management and the teachers, it is generally known, started misusing the above statutory provisions for getting preference for future appointments by effecting appointments by creating vacancies during the academic year. Such unethical and unhealthy practices led to creation of anticipatory vacancies and multiple claimants under Rule 51A causing drain on State exchequer since the State is paying the salary.
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