A person must possess the educational qualification prescribed under the relevant rule to be considered for any appointment.

Though the third respondent was served through private notice and proof affidavit was filed, he has not chosen to appear either in person or through counsel. In the absence of the third respondent, arguments of the counsel for the petitioner and the official respondents were heard.

2. These writ petitions arose out of O.A.Nos.10494 of 1997 and 86 of 1998 filed by the petitioner before the Tamil Nadu Administrative Tribunal. In view of the abolition of the Tribunal, the matters were transferred to this court and were renumbered as W.P.Nos.27288 and 31998 of 2005.

3. In W.P.No.27288 of 2005, the petitioner sought for the issuance of a writ of certiorarified mandamus to call for the records relating to the impugned proceedings of the first respondent in G.O.D.No.1147 Health dated 9. 1996 and the consequential proceedings of the second respondent in R.D.C.No.28254/E1(1)/96, dated 9. 1996, quash the same and to direct the respondents 1 and 2 to appoint the applicant as Reader in the department of Pediatric Hematology.

4. In W.P.No.31998 of 2005, the same petitioner sought for the issuance of a writ of mandamus to direct the respondents to treat the period of training in Pediatric Hematology undergone by the applicant at Queens University, United Kingdom as study leave with full pay or deputation with full pay.

5. In the first writ petition the challenge is to the order of the first respondent, dated 9. 96 and the consequential proceedings of the second respondent dated 9. 96 and for a direction to respondents 1 and 2 to appoint the petitioner as a Reader of Pediatric Hematology. It is the claim of the petitioner that the third respondent did not possess qualification for holding the post of Reader in Pediatric Hematology.

6. In the second writ petition, the same petitioner had sought for a direction to treat the period of training that the petitioner had undergone under the Queens University in U.K. as study leave with full pay or deputation with full pay.

7. It is the stand of the petitioner that several persons were sent on deputation for working in Gulf countries. Whereas in the case of the petitioner, he was granted 81 days of EL and the period from 35. 90 to 3. 92 as leave on loss of pay. But, the same will be counted for reckoning pension. When the petitioner claimed to extend similar benefits, his claim was rejected by orders dated 211. 94 and 26. 95. The attempt by the petitioner to rely upon G.O.D No.565, Health and Family Welfare Dept., dt.27. 94 was sought to be explained by stating that the deputation granted in those cases was for employment purpose and not for training purposes. Therefore, in the absence of any legal or enforceable right, the petitioner cannot seek to treat the period as to one of duty and there is no illegality or infirmity in the orders passed by the respondents. The petitioner himself never challenged the orders negativing his claim. Hence W.P.No.31998 of 2005 will stand dismissed.

8. Insofar as W.P.No.27288 of 2005 is concerned, the post of Reader in Pediatric Hematology is concerned, it is governed by the adhoc rules. The adhoc rules were in force from 10. 1984. The relevant rule reads as follows:

"The General and Special Rules applicable to the holders of the permanent post of Clinical Reader in Category 9 in Class I in Branch I-Medical of Tamil Nadu Medical Service, shall apply to the holder of the temporary post of Reader in Pediatric Haematology, sanctioned from time to time subject to the modifications specified in the following rules.

4. Qualification: No person shall be eligible for appointment to the post unless he possess the following qualifications namely:-

(1)M.D. Degree in Paediatrics; and

(2)Degree in Haematology/Training in Pediatric Haematology for a period of not less than one year in a recognised Pediatric Centre in India or abroad and

(3)Must have had teaching experience in the speciality of Paediatrics/Paediatric Haematology as follows:

(a) (b) (c) omitted."

9. E