ORDER

These appeals by special leave arise from the judgment of the Division Bench of the Kerala High Court in O.P. Nos. 868/77 and 4934/76.

2. The admitted position is that Smt. Mary Lily, the third respondent, was temporarily appointed in a leave vacancy for a period of three months effective from January 2, 1974 in St. Joseph s College for Women, Irinjalakuda. After the expiry of the period, she ceased to be a Lecturer. In 1976, when a permanent vacancy had arisen advertisement was made for recruitment. Pursuant thereto, when 27 candidates including the third respondent had applied for and called for selection therein Smt. Mariamma Chacko, fourth respondent was selected. The third respondent challenged the validity of the selection and appointment of Smt. Mariamma on the ground that under Section 57(6) of Calicut University Act, 1975, she had preferential claim for appointment since she was a discharged employee. Sub-section (6) of Section 57 reads as under :

"Notwithstanding anything contained in sub-sections (i) and (4) a teacher discharged from a private college on or after the 14th day of March, 1974, due to abolition of a course of study in that college or for any other reason