1. This appeal by special leave is directed against the judgment dated 18-1-1973, passed by the High Court of Kerala in Writ Appeal No. 45 of 1972 (1973 KLT 538).

2. This appeal involves the correct interpretation and the scope and effect of R.51(A) of Chap.14-A of the Kerala Education Rules. The Rule reads as follows:

"51A. Qualified teachers who are relieved as per R.49 or 52 or on account of termination of vacancies shall have preference for appointment to future vacancies in schools under the same Education Agency, provided they have not been appointed in permanent vacancies in schools under any other Educational Agency."

This Rule gives a teacher, discharged for want of vacancy or relieved as per R.49 or 52, a right to reappointment when a future vacancy comes into existence. It is usual for managers of schools to appoint teachers to leave vacancies. Sometimes more than one teacher get so appointed when there are more than one vacancies. When such vacancies cease to exist by the permanent incumbent coming back, the temporary appointees go out. When thereafter a permanent vacancy arises, those who had temporarily worked in leave vacancies get preference to be appointed