STATE OF MADHYA PRADESH Vs. RAMKINKAR GUPTA

JUDGEMENT

(1.) Special leave granted.

(2.) In the instant case respondent no. 1 was appointed by way of direct recruitment to the State Civil Service on probation for two years on 10/1/1980. The Rules provided that every probationer had to pass a departmental examination during his probation period without which he could not be confirmed.

(3.) It is not in dispute that respondent No. 1 could not pass this examination. Respondent Nos. 2-16 who were junior to him did pass their examination and thereafter respondent Nos. 17-38 who were also junior to respondent No. 1 passed their examination.