( 1. ) IN this writ petition the petitioner has challenged the order passed by the 3rd respondent in his proceedings in O.Mu.No.9878/E3/2004 dated 03.01.2006 consequently, seeking for a direction to the respondents 2 and 3 to approve the petitioner's appointment as Waterman at the 5th respondent-college from the date of his appointment, namely, 04.04.1996 with salary and other attendant benefits.

( 2. ) THE case of the petitioner is that the 5th respondent-college is an Arts and Science College established and administrated by a Society, called "Sree Ayyappa Educational Society". All the members belonging to the said society are Malayalees. THE 5th respondent-college, thus, is a Linguistic Minority Educational Institution in terms of Article 30 of the Constitution of India and such minority status to the 5th respondent had already been declared by a competent civil Court by a judgement and decree dated 21.04.1987 in O.S.No.1221 of 1985 on file of the District Munsif Court, Nagercoil. It is stated by the petitioner that the 5th respondent-college is having 60 teaching staffs and 28 non-teaching staffs. Except for the post graduate course of M.Com, all other courses are receiving aid from the Government. It is stated by the petitioner that the 5th respondent-college was sanctioned with one post of Waterman by the Directorate of Collegiate Education through his proceedings in D.Dis.No.10990/S2/75 dated 27.05.1977. In that post, the 5th respondent-college appointed the petitioner on 04.04.1996. THE petitioner having passed 8th Standard, is fully qualified to the said post. After appointing the petitioner, the 5th respondent-college submitted the proposal to the 3rd respondent on 15.04.1996 seeking for the approval and for disbursement of salary. THE 3rd respondent through his proceedings dated 06.05.1996 returned the proposal by seeking certain particulars and also by stating that the college did not obtain prior permission before making the appointment. In spite of resubmitting the proposal with all the required details, the 3rd respondent once again returned the proposal on 01.07.1996 on the very same reason. THE 5th respondent-college resubmitted the proposal on 16.08.1996 and consequently, the 3rd respondent forwarded the proposal to the second respondent. However, the second respondent through his proceedings dated 07.08.1998 informed the 3rd respondent that the Government had prescribed certain guidelines for the grant of minority status to colleges under G.O.Ms.No.270, dated 17.06.1998, and therefore, the 5th respondent-college though obtained a decree from the competent Civil Court declaring it as Linguistic Minority Institution, should obtain orders from the Government once again with regard to its minority status. Though the 5th respondent-college repeatedly informed that there was no necessity for seeking declaration once again from the Government and permission from the authorities before filling up the sanctioned vacancies, the 3rd respondent repeatedly asked the college to produce prior permission granted by the second respondent to fill up the post of Waterman. THE last of such order passed by the 3rd respondent dated 03.01.2006, is impugned in this writ petition.

Notice of motion was ordered by this Court on 24.03.2007. After notice, the respondents entered appearance. The 5th respondent filed a counter affidavit. The respondents 1 to 3 did not file any counter affidavit, though time was sought for.

( 3. ) THE 5th respondent in its counter affidavit has stated that Sree Ayyappa Educational Society, Chunkankadai, Nagercoil is a Society registered under the Societies Registration Act and all the members of the society are Malayalies belonging to Linguistic Minority. THE society established the 5th respondent- college in the year 1970 to provide higher education to the Malayalam Linguistic Minority in the Kanyakumari District of Tamil Nadu. THE college though established for the benefit of the Malayalam Linguist