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 educational agency by promotion from among the teachers of the college or of all the colleges, as the case may be, or by direct recruitment.

(3) Where the appointment of principal is made by promotion, the education agency shall make the appointment on the basis of seniority-cum-fitness.

(4) Appointments to the posts, other than those referred to in sub-section (1) and (2), shall be made by the education agency by promotion from among the teachers of college or all the colleges, as the case may be, on the basis of seniority-cum-fitness, or, if none among them is fit for promotion, by direct recruitment.

(5) For making appointment under this section by direct recruitment, the post shall be advertised in such manner as may be prescribed by the Statutes.

(6) The education agency shall not abolish a course of study in private college without the proper approval of the University.

(7) Every appointment under section shall be made by a written order of the Manager in such form as may be prescribed by Statutes, communicated to the person to be appointed, with copy to the University.

(8) Every appointment under this section shall be reported to the University for approval.

(9) Any person aggrieved by any appointment under this section may appeal to the Appellate Tribunal”.

Sub-section (3) of S.59 states that where the appointment of principal is made by promotion, the education agency shall make the appointment on the basis of seniority-cum-fitness.

3. The Special Rules for the Kerala Collegiate Education Service also contains the method of appointment of Principal in Arts and Science Colleges. Rule (3) of the Rules after omitting unnecessary categories reads as follows:

SECTION A-ADMINISTRATION

Category Method of recruitment

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SECTION B-POSTS IN COLLEGES

Class I Arts and Science Colleges

1. Principal (Special Grade)

By promotion from the

2. Principal

By appointment from the category of Reader and Lecturer (Selection Grade)

3. Reader

By promotion from the category of Lecturer (Senior Scale)

4. Lecturer (Selection Grade)

By placement from the category of Lecturer.

5. Lecturer (Senior Grade)

By placement from the category of Lecturer.

6. Lecturer

By direct recruitment and placement from the category of Lecturer. (Non-U.G.C. Scheme)

7. Lecturer in Physical Education (Selection Grade)

By placement from the category of Lecturer in Physical Education (Senior Scale)

8. Lecturer in Physical Education (Senior Scale)

By placement from the category of Lecturer in Physical Education.

9. Lecturer in Physical Education

(a) By transfer from the qualified Physical Education Instructors of Physical Education Colleges and Government Poly Technics.

(b) In the absence of suitable candidates in item (a) above by direct recruitment.

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4. The above Rules framed under the Public Services Act apply o