The petitioner who holds M. Sc. Degree in Chemistry is a teacher in a Government Higher Secondary School since 2-9-1991. The Director of Higher Secondary Schools Trivandrum by his order No. C1.-2228/HSE/92 dated 1-8-11-1992 cancelled the approval of the petitioner's appointment on the ground that M. Sc. Degree from the Directorate of Distance Education, Annamalai University created under the Annamalai University Act, 1928 (Madras Act 1/1929) was based on correspondence study. By letter No. B4-14985/92 dated 30-11-1992, the Director ordered the Manager to recover from the petitioner the excess salary paid. The petitioner impugns the validity of these orders.

2. The facts out of which the case arises are outlined in paragraph 3.

3. The petitioner acquired the degree of M. Sc. (Chemistry) from the Annamalai University on 13th November 1989. He was appointed as teacher in Chemistry on 2-9-1991. The appointment which was in a regular vacancy was described as "until vacancies exist".

4. Annamalai University was established under The Annamalai University Act 1928 (Madras Act 1/1929). The Syllabus for M. Sc. (Chemistry) for the regular course by attendance in the colleges and the