Managers of aided schools possess discretion in teacher appointments unless a clear preferential claim exists by law.

1While O. P. No. 8965/93 is at "the instance of the Manager, Amrita Sanskrit Higher Secondary School, O. P. No. 15421/93 is at the instance of 3 teachers who are working as U.P.S.A. in the above School. Challenge in these Original Petitions is against a Government Order dated 28th June 1993 produced as Ext. P-12 in O. P. No. 8965/93 and Ext. P-4 in .O. P. No. 15421/93. Since the issues raised in these Original Petitions arc the same the petitions arc being disposed of under a common judgment. Reference is made to the Exhibits as they are marked in O. P. No. 8965/93.

2 Amrita Sanskrit Higher Secondary School is an aided High School having a High School Section as well as a Upper Primary Section, The 3rd respondent was initially appointed as High School Assistant (Sanskrit) from 15th January 1985 to 1st March 1985 in a leave vacancy. The above appointment was duly approved. - Later "he was regularly appointed as High School Assistant (Sanskrit) with effect from 15th July 1985. Even though the above appointment was also approved, he had to be retrenched during the academic year 1991-92 on reduction of certain posts in the School.

3 1st Petitioner in O. P. No. 15423/91 was working as High School Assistant (Social Studies) in the same School from 1988 onwards till she was thrown out of service for want of vacancy on.14th July 1992. Even prior to that she had for a period of 3 years service as H.S.A, in a leave vacancy. The second petitioner had continuous approved service as H.S.A. (Maths.) from 15th July 1986 till 14th July 1991. The 3rd petitioner had worked in the School as H.S.A. (Science) with effect from 15th July 1985 to 14th July 1991. While the above mentioned three petitioners and the 3rd respondent were out of service due to reduction in posts in the High School section, vacancies arose in the School in the U.P. Section. The petitioners 1 to 3 in O. P. No. 15421/93 were appointed as U. P. School Assistants by the petitioner in O. P. No. 8965/93 namely, the Manager from 30th July 1992, 1st June 1992 and 1st June 1992 respectively. The 3rd respondent in O. P. No. 8965/ 93 there upon raised a complaint that he having earlier approved service in the School as H.S.A. has a better claim under R.51A of Chap.14A of K.E.R, than the three petitioners for appointment in future vacancies in the School. The above claim was not admitted by the Manager contending that petitioners in O. P. No. 15421/93 were not appointed as R.51A claimants, but as fresh appointees. Since teachers who were retrenched from the High School section, cannot put forward a claim under R.51A of Chap.14A of K.E.R, for appointment to the U. P. Section.

4 The appointment of the petitioners in O. P. No. 15421/93 were not approved by the District Educational Officer on the ground that such appointments were made overlooking the preferential claim of the 6th respondent in O. P. No. 15421/93 who is the 3rd respondent in O. P. 8965/93. Aggrieved by the above order appeals were filed by the Manager before the Deputy Director, Kollam who allowed the appeals under Exts. P-2, P-2 (a) and P-2(b) orders.

5 The matter was taken up in revision before the Government by the 6th respondent in O. P. No. 15421/93. The Government after hearing all the parties passed Ext. P-4 order (in O. P. 15421/93) dated 28th June 1993 allowing the revision and directing the Manager to appoint the 6th respondent in the existing vacancy, or the next arising vacancy in the post of L.P.S.A./U.P.S.A./Junior Language Teacher, H.S.A. (Sanskrit). Without prejudice to his claim for reappointment as H.S.A. (Sanskrit) as R.51A claimant when his turn comes up. It was also directed that fresh appointments in the category of teachers shall be made in the School only after appointing the 6th respondent against any of the categories of teaching posts, for which he is fully qualified.

6 The above order dated 28th June 1993 ia challenged By the Manager in O. P. No. 8965/93 contending that the Manager cannot be compell