Markandey Katju, C.J.: This writ appeal has been filed against the impugned order of the learned single Judge dated 20.11.2003. By that order, the school management has been directed to pay salary of a regular teacher to the first respondent herein, for the period for which he worked i.e. from 11.8.1997.

2. Heard the learned counsel for the parties.

3. The facts in detail have been set out in the judgment of the learned single Judge and hence we are not repeating the same.

4. Admittedly, the first respondent had been appointed on 10.8.1997 as a Post Graduate Teacher in Commence.

Rule 15(4)(i) of the Tamil Nadu Recognised Private Schools (Regulation) Rules 1974 states as follows:

"Promotion shall be made on grounds of merits and ability, seniority being considered only when merit and ability are approximately equal.

- (ii) Appointments to the various categories of teachers shall be made by the following methods.

- (i) Promotion from among the qualified teachers in that school

- (ii) If no qualified and suitable candidate is available by method (i) above, - (a) Appointment of other persons employed in that school, provided they are fully qualified to hold the post of teachers.

- (b) Appointme

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