S. Manikumar, J.

Mr. D. Gandhiraj, learned Government Advocate, takes notice for the respondents 1 to 3. By consent, the writ appeal is taken up for final disposal at the admission stage itself.

2. The correctness of the order dismissing the writ petition for a Mandamus, for a direction to the respondents 1 to 3, to reject the appointment order of D.Retnadhas, dated 10.07.2006 sent by the Manager and Correspondent of the Salvation Army Higher Secondary School, Nagercoil, the fifth respondent is challenged in this appeal.

3. The appellant is working as a Secondary Grade Assistant in the Salvation Army Higher Secondary School, Nagercoil, the fifth respondent. According to her, she has passed M.Sc., Agri (Botany) and M.Ed., degree and therefore, qualified to hold the post of P.G.Assistant(Botany) from 11.12.2005. She submitted a representation dated 07.11.2005 to the fifth respondent to consider her seniority and experience in the fifth respondent school and appoint her as P.G.Assistant(Botany). However, without considering her request, the Manager and Correspondent of fifth respondent School appointed one D.Retnadhas as P.G.Assistant (Botany) and the appointment order was sent for approval to the Chief Educational Officer, Nagercoil, the second respondent herein. Aggrieved by the appointment of the said teacher, the appellant has sent another representation dated 15.07.2006 to the second respondent not to accord approval for the appointment of the said D.Retnadhas without considering the appellants promotion.

4. The grievance of the appellant was that as the appointment was against the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 (hereinafter referred to as the Rules) and that the fifth respondent ought to have promoted the appellant as P.G.Teacher as per Rule 15 (4) (ii)(i) of the Rules. Besides, the appellant also contended that she was the next qualified and eligible teacher for being promoted to the said post.

5. The fifth respondent, Manager/Correspondent of the Salvation Army Higher Secondary School, Nagercoil, in his counter affidavit has stated that the school is a minority school receiving grant in aid from the State Government and therefore, the right of appointment in a sanctioned post is solely vested with the management of the minority school.

6. It was further stated that Mr.D.Retnadhas was appointed in the Salvation Army Higher Secondary School , Territorial Head quarters, High Ground Road, Maharaja Nagar Road Post, Tirunelveli District the fourth respondent herein on 01.06.1992 and was senior to the appellant. It is also the case of the respondents that while the said D.Retnadhas was working as B.T.Assistant in the fourth respondent school, the appellant was working only as a Secondary Grade Teacher and therefore, she is not qualified to be appointed as P.G.Assistant (Botony) in the vacancy caused due to the retirement of a P.G.Assistant Teacher. The fifth respondent has further submitted that the appointment to the said vacancy is not by way of promotion from the 5th respondent School and therefore, Rule 15(4) of the said Rules is inapplicable.

7. The learned single Judge, taking into consideration, the applicability of Rule 15(4)(ii)(i) of the Rules which deals with qualifications, procedure to be followed for appointment/promotion of teachers, the power of the management of a minority institution to appoint teachers in respect of corporate body running more than one school and also to the fact that the said D.Retnadhas was working as a graduate teacher (i.e.,) a higher post than that of the appellant found that there was no infringement of Rule 15(4) of the Rules in the process of promotion. The learned single Judge, on scrutiny of Rule 15(4) further observed that there is no automatic promotion of any qualified person, but the rule clearly contemplates that promotion shall be made on the grounds of merit and ability and seniority will be considered only when merit