Ferner

This is an appeal by the Superintendent of Gavilan Joint Community College and the members' of its board of trustees (hereafter College) from a judgment granting respondent, E. Ferner’s (hereafter teacher) petition for a writ of mandate, seeking classification and reemployment as a full-time employee. The College argues that at most, the teacher had tenure rights only to the extent of his part-time position, and, for the first time on appeal, maintains that the teacher was not entitled to tenure. We have concluded that the judgment should be affirmed.

The teacher’s petition alleged the following pertinent facts: The teacher is a permanent certificated employee of the College. He was first employed by the College in school year 1967-1968 as a full-time certificated employee assigned to the aeronautical department and was also so employed for school years 1968-1969 and 1969-1970.

In the spring of 1970, the College notified the teacher that his services would no longer be needed and that he would not be reemployed for school year 1970-1971 because the portion of the aeronautical program to which he was then assigned was to be discontinued in 1970-1971. He requested and…