JEEVABHAI N DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed by a person, who belongs to scheduled tribe community, who was originally appointed as a Peon in the office of the Technical Examination Board and because of his sincere and efficient working and sheer hard work, he came to be promoted as Junior Clerk. Thereafter, by an order dated 24.9.1991 the petitioner came to be promoted as Nondh Madadnish.

(2.) The petitioner thereafter appeared in the departmental examination in July 1983 and in the said examination he was required to obtain 50 % marks in each paper. However, the petitioner could secure; 54 marks out of 100 in Paper 'I' 58 marks out of 100 in Paper 'II' 20 marks out of 50 in Paper 'III', and 50 marks out of 100 in Paper 'IV'. He was, therefore, short of 5 marks in Paper III to reach required 50 %. The present petition is filed claiming 5 grace marks.

(3.) It is the case of the petitioner that 5 grace marks can be divided into two parts, namely, 3 marks to be given by the department for which the department had agreed to, while 2 grace marks are to be at the hands of the Govt. Learned advocate for the petitioner invited attention of the Court to the letter dated 5.3.1990 written by the Director of Technical Education wherein the case of the petitioner is recommended on more than one count, namely,