K. Bhaskaran, J.

1. The facts are brief and are not in dispute. The petitioner qualified to hold the post of language teacher Hindi) in High School was appointed in a leave vacancy by the 3rd respondent, the Manager, Calicut Girls High School from 23rd November 1972 to 31st January 1973. The petitioner was relieved from that post when the vacancy terminated. During the academic year 1977-78 as per the staff fixation order a post of language teacher (Hindi) was sanctioned for the said High School. The petitioner made an application on 30th May 1977 in anticipation of this post which as a matter of fact was subsequently sanctioned on 15th July 1977, claiming protection under R.51A of Chap.14A of the Kerala Education Rules, 1959 (the rules). She also made a further application dated 20th July 1977, a true copy of which is Ext. P1. The 3rd respondent, however, appointed the 4th respondent as a teacher in the Upper primary section with effect from 14th July 1977, and appointed the 4th respondent as a High School Assistant with effect from 19th September 1977, keeping the post sanctioned from 15th July 1977 vacant till then. The petitioner objected to the appointment of the fourth