Bhaskaran, J.

This writ petition is filed challenging the judgment of the Mahatma Gandhi University Appellate Tribunal, Thiruvananthapuram, in Appeal No.4 of 2003. The petitioner, a Selection Grade Lecturer in the Department of Economics, Devaswom Board College, Sasthamcottah, challenged the denial to him of promotion as Principal and granting promotion to respondents 5 and 6, who according to the petitioner are his juniors in the feeder category of Selection Grade Lecturers. The Appellate Tribunal has dismissed the appeal without adverting to the crucial and basic contention of the petitioner. The facts of the case are not in serious dispute.

2. The Travancore Devaswom Board is a Corporate Management having four colleges under the University of Kerala and Mahatma Gandhi University. Section 59 of the Mahatma Gandhi University Act which is corresponding to S.57 of the Kerala University Act reads as follows:

“59. Appointment of teachers in private colleges:-

(1) Appointments to the lowest grade of teacher in each department of a private college shall be made by the education agency by direct recruitment on the basis of merit.

(2) Appointments of principal shall be made by the