ORDER :

The petitioner filed this writ petition seeking writ of mandamus:

(a) to direct the 1st respondent to pass appropriate orders in ratifying the proposal sent by the 2nd respondent in the matter of appointment of the petitioner as Physical Director;

(b) to direct the respondents to pay the salary for the period functioned till such decision is taken by holding the action of the 1st respondent; and

(c) by holding the action of the respondent Nos.1 to 3 in not paying the salary though similarly placed persons are being paid as bad, illegal, arbitrary, unconstitutional and violative of Constitution of India.

2. The petitioner claims that he belongs to Scheduled Caste community. He passed Masters Degree in Physical Education in the year 1995. The 3rd respondent college issued Advertisement dated 10.5.2002 calling for applications for the post of single and solitary post of Physical Director (Aided post) duly prescribing qualifications. The petitioner submitted his application in response to the advertisement as he is fully eligible and qualified to be appointed as Physical Director in the 3rd respondent College. He was selected by the duly constituted selection committee as per the procedure and the 3rd respondent college has given appointment order dated 16.7.2002 and he joined duty on 16.7.2002. The 3rd respondent submitted a letter to the 2nd respondent on 19.7.2002. The Board of Intermediate Education sought for some clarification from the Regional Inspection Officer about the selection process. In turn, the Regional Inspection Officer wrote back vide proceedings dated 23.4.2003 explaining that 4 out of 6 selection committee members attended and recommended for approval. The Intermediate Board approved his appointment through proceedings dated 05.06.2003. In view of approval by the 2nd respondent, the 3rd respondent sent proposal to the 2nd respondent to admit the petitioner in grant-in-aid and the same was accorded by the 2nd respondent with effect from 16.7.2002 from the date of joining in the college. Despite approval of the petitioner’s appointment by the Board and admitting grant-in-aid, he was not being paid salary. Several other Physical Directors and Librarians who are similarly situated to that of the petitioner were appointed by the different private aided colleges across the State even after appointment of the petitioner and all of them are getting salaries, whereas the petitioner is being denied payment of salaries, which is illegal and arbitrary.

3. This Court, on 25.2.2008 while issuing rule nisi admitted the writ petition and granted the following interim order in WPMP.No.5021 of 2008:

“There shall be an interim direction to the 2nd respondent to consider releasing the salary of the petitioner from 16.07.2002 till date, as per his eligibility, and pass appropriate orders, as per law, within a period of three weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner.”

4. In pursuance of the same, by proceedings dated 13.4.2008 the 2nd respondent rejected the petitioners claim. The said order is also under challenge by way of amendment to the writ petition.

5. The 2nd respondent filed counter on his behalf and on behalf of the 1st respondent stating that Act 2 of 1994 has been enacted to regulate the appointments and prohibit irregular appointments in offices and establishments under the control of State Government, Local Authorities, Corporations and bodies established under law made by the State Legislature. Further, orders have been issued in G.O.Ms.No.275 Finance & Planning (FW:SMPC) Department dated 14.12.1995 stipulating that all departments and offices in the State Government should necessarily send requisitions to the Government in the Finance and Planning Department to fill every kind of post whether full time or part-time, contingent or any other category and after getting clearance from the government in Finance Department such post can be filled and in the event