PRABHA SRIDEVAN, J.

The petitioner is working as Secondary Grade Assistant in the fourth respondent-school, which is fully aided and is also a Christian Religious Minority Education Institution. He was confirmed in service on 111. 2001. The petitioner has filed this W.P. No.37693 of 2007, aggrieved by the appointment of the fifth respondent as B.T. Assistant (English), overlooking his right for the said post and in violation of Rule 15(4) of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 ("Rules" in short).

2. According to the petitioner, he possessed a diploma in teacher education in April, 1987, B.A. (English) degree from Madras University in June, 1991, B.Ed. degree from Manonmaniam Sundaranar University in April, 1993, M.A. (English) degree from Madras University in May, 1998 and M.Ed. Degree from the same University in October, 1998. The post of B.T. Assistant (English) was held by one Christraj, who resigned from service on 14. 2004. In his place, one Satheesh was appointed, overlooking the petitioners claim.

3. The petitioner filed W.P. No.3619 of 2005 and the fourth respondent, in its counter, stated that the resignation of Christuraj was not