Law:

Section:

Civil service--- ----Appointment of Secondary School Teacher against disabled quota---Candidate being blind in her both eyes---Additional qualification obtained after cutoff date fixed in advertisement---Additional marks, award of---Discretion, exercise of---Requirements---Locus poenitentiae, principle of---Applicability---Petitioner was refused appointment despite she topped the merit list on the grounds that she was blind in her both eyes and had acquired additional qualification after cutoff date fixed for submission of applications---Validity---Department had discretion to refuse appointment of a candidate if he/she was unable to perform the required duty due to disability---Such discretion should be exercised fairly and in a meaningful manner---Blindness per se was not hindrance which would hamper a teacher to perform her teaching duties---If a blind candidate had acquired higher education then why not he/she was able to teach the other students efficiently---Advertisement for appointment did not envisage that any qualification obtained after the cutoff date would not be considered at the time of evaluation of candidature of the person for the post---Additional marks for higher qualification of petitioner had been counted for evaluation---Petitioner at the time of evaluation of her candidature was holding the additional qualification and she was rightly awarded additional marks, in circumstances---Department was to award the candidates additional marks for additional qualification if same was available on the date of quantification of candidature when rules with regard to the same were silent---Rejection of petitioner for appointment against the post in question was uncalled for---Impugned order was set aside, in circumstance---Department was directed to appoint the petitioner against the post of Secondary School Teacher with immediate effect---Respondent (already appointed) had been appointed against the post of Secondary School Teacher after test and interview and with a transparent process of appointment and she had acquired a right to continue her job under the principle of locus poenitentiae---Constitutional petition was allowed, in circumstances.…

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