P ARTHUR DANIEL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) BY consent of both parties, the main writ petition itself is taken up for final disposal.

(2.) THE writ petition is directed against the order of the first respondent-Government dated 13. 3. 2008, by which the first respondent, on the basis of the direction given by this Court dated 2. 7. 2007 in W. P. No. 22215 of 2007, has rejected the claim of the petitioner made in the representation dated 3. 5. 2008 not approving his appointment in the third respondent college as Physical Education Instructor from 26. 8. 1994 and promotion in the post of Physical Director from 1. 6. 2004.

(3.) THE facts leading to passing of the impugned order are that the third respondent is a recognized private minority aided college, governed by the provisions of the Tamil Nadu Recognized Private Colleges (Regulation) Act, except some provisions which are not applicable to the minority institutions. The third respondent college has been sanctioned with two posts of physical education teachers, viz. , one Physical Education Instructor and another Physical Education Director, by the Directorate of Collegiate Education in the order dated 15. 10. 1977. The then incumbent holding the post of Physical Education Instructor, Mrs. Suseela Nesamani got promoted as Physical Director and in the resultant vacancy in the post of Physical Education Instructor, the third respondent being the minority institution, appointed the petitioner as Physical Education Instructor on 26. 8. 1994 in conformity with the qualifications prescribed for the said post. The third respondent management sent proposals to the respondents 1 and 2 to approve the appointment of the petitioner as Physical Education Instructor, which have not been considered in spite of repeated requests.