JUDGMENT : G. R. SWAMINATHAN, J. 1. This Writ Appeal is directed against the order dated 08.09.2015 made in.. W.P (MD).No.4037 of 2015 filed by the respondent herein. 2. The respondent is a recognized aided minority school. In the said school, one post of P.G. Assistant in History fell vacant on 11.06.2013 due to the retirement of the incumbent teacher. In the said vacancy, the management appointed one Rev. Fr.A.Simon Raj, as P.G. Assistant in History on 11.06.2013. He was earlier appointed as B.T. Assistant in History at De Britto Higher Secondary School, Devakkottai on 03.01.2005. The said appointment was approved by the District Educational Officer, Devakottai. But when the proposal appointing him as P.G. Assistant in History was submitted, the District Educational Officer, Trichirappali by the impugned communication dated 15.12.2014, declined to grant approval to the said appointment on the ground that he had obtained B.A. History in Madurai Kamarajar Univeristy in a single sitting. The Director of School Education, Tamil Nadu had issued proceedings on 17.12.2012 in Na.Ka.No.98370/D1/E4/2012 stating that dual degree obtained in a single sitting in one year cannot be considered as equivalent to a degree obtained after doing 3 years course. It was also clarified that such a degree obtained in a single sitting i.e one year cannot be taken into account for the purpose of appointment. On this ground, the proposal submitted by the first respondent school management appointing Rev. Fr.A.Simon Raj, as P.G. Assistant in History was returned. This was challenged in W.P (MD).No.4037 of 201. The learned Single Judge allowed the same and directed the District Educational Officer, Trichirappalli to approve the said appointment. Aggrieved by the said direction, this intra Court appeal has been filed. 3. The learned Additional Government Pleader appearing for the appellants would contend that the degree in B.A. History obtained by the appointee is not a valid one. When the appointee is having only an invalid degree, the learned Judge was wrong in allowing the Writ petition. The learned Senior Counsel appearing for the first respondent submitted that the issue is no longer res-integra in view of the decision of the Division Bench reported in 2009 (2) TLNJ 101 (Civil) - The Director of School Education, College Road, Chennai - 6 and others Vs. Geldon Wifred Viola and another and prayed for dismissal of this Writ Appeal. 4. Geldon Wifred Viola and another and prayed for dismissal of this Writ Appeal. 4. The issue relates to the validity of the appointment of Rev. Fr.A.Simon Raj in the post of P.G. Assistant in History. Annexure -5(IV) of Tamil Nadu Recognized Private Schools (Regulation) Rules, 1974 prescribes the following qualification: “2(1): A Master’s Degree or its equivalent standard in the subject in respect of which appointment is made: Provided that persons holding the certificate in Science and Humanities for Graduate Teachers in High Schools shall be considered for appointment as teachers in the subject relating to Science and Humanities. Provided further that, other things being equal, preference shall be given to those who have studied the same subject in which he has obtained the Post-Graduate degree as main subject under Part III in degree level:” 5. In this case, admittedly, the said appointee is possessing Master’s degree in the subject, which was obtained after undergoing the regular course. The basic degree in History alone was obtained in a single sitting. Since he had done a basic degree in another subject after undergoing regular course, he was able to obtain M.A. (History) in a regular manner. When the master’s degree obtained by the appointee cannot be said to be invalid or irregular, the department is not justified in rejecting the proposal submitted by the School Management. In this case, the appointee studied and acquired B.A. Economic degree after undergoing the regular course. Therefore he was entitled to join Master’s Degree in history also. 6. As rightly pointed out by the learned Senior Counsel appearing for the first respondent, the Division Bench of this Court in the aforesaid decision held that the rule contemplates only a Master’s Degree in the subject for appointment Junior Grade Post Graduate Assistat. A teacher, who has secured a Master’s Degree in the subject would be entitled and is eligible for appointment. In this case, the appointee possesses M.A. History, which was obtained in a regular setting. Therefore, the fact that he obtained B.A. History degree in a single sitting is of no consequence. It is to be noted that the rule provides that the other things being equal, preference shall be given to those who have studied the same subject in which he has obtained the Post Graduate degree as the main subject under Part III in degree level. It is to be noted that the rule provides that the other things being equal, preference shall be given to those who have studied the same subject in which he has obtained the Post Graduate degree as the main subject under Part III in degree level. There is also no rival claim in this case. The department ought not to have rejected the proposal submitted by the school management appointing the said Rev. Fr. A. Simon Raj as B.T. Assistant in History. 7. The learned Single Judge rightly allowed the Writ petition and there is no merit in this Writ appeal. The Writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.