Krausen

This is an appeal by a probationary teacher from a judgment denying his petition for a writ of mandamus compelling a junior college district to set aside its decision not to reemploy him for the school year 1970-1971.

The evidence, which is without conflict in most respects, may be summarized as follows: In August 1967, plaintiff Raphael Krausen was employed as a full-time probationary instructor by defendant Solano County Junior College District. Plaintiff remained in defendant’s employ for three school years and was at all times assigned to teach in the apprentice training program conducted by defendant at the Mare Island Naval Shipyard pursuant to a contract between defendant and the Department of the Navy. The apprentice training program differed from the regular academic program at Solano College in several respects.

On February 17, 1970, defendant was notified by the Department of the Navy that enrollment in the apprentice training program would be reduced by 15 percent for the school year 1970-1971. Defendant had employed six instructors in the apprentice training program during the school year 1969-1970. Five of the instructors, including plaintiff, were…