ORDER :

P.T. Asha, J.

This writ petition is filed for the following relief:

“To call for the records relating to the impugned proceedings issued by the 2^nd respondent in Na.Ka.No.42559/Fl/2018 dated 10.10.2023 and to quash the same and consequently directing the respondents to pass orders granting approval of appointment by promotion of petitioner to the post of Physical Education Director / Physical Directress from the post of Physical Education Instructor with effect from 01.06.1996 being the actual / initial date of promotion as claimed by the petitioner based on the approval granted by the University of Madras on 12.02.1997, with all consequential benefits including payment of arrears of salary and retirement benefits including pension, revision of pension, within a time frame fixed by this Court.”

2. It is the case of the petitioner that she was initially appointed as a Physical Training Instructor in Sri Sarada College for Women, Salem, the 4^th respondent on 03.12.1990. Thereafter, she was promoted as a Physical Education Director in an approved vacant post with effect from 01.06.1996, on account of the retirement of the previous Physical Education Director on 31.05.1996. The petitioner would submit that she retired from service on reaching the age of superannuation on 31.05.2020.

3. The 4^th respondent college is a private aided college governed by the provisions of the Tamil Nadu Private Colleges (Regulation) Act, 1976 and the rules framed thereunder. Section 14 of the Act empowers the college committee to appoint teachers and other persons of the college.

4. It is the case of the petitioner that the 4^th respondent submitted necessary proposal vide letter dated 04.12.1996, seeking approval of the petitioner’s eligibility for appointment by promotion with effect from 01.06.1996 to the affiliating university, namely, the 5^th respondent, who was the authority to grant approval as per Rule 11. The application was accompanied by the petitioner’s qualifications both degree as well as the post graduate degree along with the earlier communication dated 08.06.1983 of the University of Madras, prescribing qualification for appointment of Director of Physical Education / Assistant Professor of Physical Education.

5. The 5^th respondent vide his letter dated 12.02.1997, informed the 4^th respondent herein stating that in the meeting of the university’s syndicate held on 24.01.1997, it had considered that the petitioner’s promotion with B.A., M.P.Ed., as Physical Education Directress from Physical Training Instructress in the college with effect from 01.06.1996 and resolved that the promotion as a Physical Directress in the college be approved with effect from 01.06.1996. Consequently, the petitioner’s promotion as a Physical Directress came into effect on 01.06.1996.

6. The petitioner would submit that at the time of her promotion as Physical Education Directress with effect from date of initial appointment i.e., 01.06.1996, the requisite educational qualification was a master’s degree in physical education with a minimum 50% marks. The petitioner possessed B.A., History, B.P.Ed., in first class degree certificate dated 09.02.1985 in University of Madras and M.P.Ed., in first class, from Annamalai University and was fully eligible for promotion based on the date of promotion.

7. Since a decision was taken to appoint the petitioner by promotion a proposal was sent to the Joint Director Collegiate Education, Coimbatore by the 4^th respondent vide his letter dated 20.06.1996, stating that Hasina Begum, who served as a Physical Education Director had retired by superannuation on 31.05.1996 and as the petitioner was fully qualified for promotion she had been promoted and appointed as a Physical Education Director in the college.

8. The 3^rd respondent inturn submitted a letter addressed to the 2^nd respondent requesting permission sought by the 4^th respondent. The Joint Director has gone to state that that the College Secretary had submitted two propo