Aftab Alam, J. - (1.) Leave granted.
(2.) On December 5, 1991, a notice was issued under the hand of the Director, Social Welfare Department, Government of Tamil Nadu, inviting applications from persons working in the department for appointment to the post of P.G. Assistant in M.A. (Political Science) in the Government Higher Secondary School for the blind. The last date for submission of application was December 15, 1991. The educational qualifications required from the candidates were a Masters degree in Political Science and a Bachelors degree in Education. Apart from the academic qualification prescribed in the notice, Government Order No. 511-Education dated March 16, 1959, provided that No. person would be eligible for appointment to a post of the School Assistant in Government School for the blind unless he possessed the Government Certificate of Competency in teaching the blind. The Government Order, however, made a relaxation, in case No. suitable and qualified person was available and in that regard provided as follows: Provided that if a suitable and qualified persons not available a person not possessing the certificate or Senior Diploma may be appointed but such person must obtain the Senior Diploma in the teaching the Blind within a period of Four Years from the date of his appointment to the said post. The Respondent - P. Ganaselvaudayakumari was at that time working as Secondary Grade Teacher in the Government School for the blind, Sivaganga. She possessed the necessary academic qualifications and she also had the Senior Diploma in teaching the blind as required under the Government Order dated March 16, 1959. She made an application for the post of P.G. Assistant (Political Science) but instead of sending it directly to the office of the Director, Social Welfare, she submitted it to the Headmaster of her school, on December 12, 1991. The Headmaster forwarded her application to the District Social Welfare Officer, Sivaganga, with whom it lay for some time before he finally sent it with a covering letter dated December 24, 1991 to the Office of the Director, Social Welfare. The application was, thus, received in that office on December 25, 1991, ten days after the last date for submission of applications. In the meanwhile, the Appellant was appointed to the post vide proceedings dated December 24, 1991.
(3.) It may be noted here that at the time of his appointment, the Appellant did not possess the Senior Diploma in teaching the blind and hence, his appointment was subject to the condition that he should take the diploma in question within a period of three years, failing which he would be reverted back as Assistant.;