VALJIBHAI BABARBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition, the petitioner has challenged the legality and validity of the order passed by respondent No.2 dated 23.01.2003 as communicated by respondent No.4- Additional Commissioner of Police (Admin), Surat City, Surat vide its order dated 14.02.2003.

(2.) The petitioner appointed on the post of Post Constable (Unarmed) and promoted to the post of Head Constable. In the year October 1997, the petitioner appeared in the Departmental Examination for promotion to the post of Sub Inspectors in which he failed. Thereafter petitioner made an application on 30.05.2000 to respondent No. 2-Director General of Police and Inspector General of Police, Gandhinagar and also for grant of grace marks to the petitioner. The application was rejected. The petitioner again on 25.09.2002 made representation relying upon the circulars and resolution in the case of Head Constable from Mehsana District. The same was also rejected by respondent No. 2 vide its order dated 23.01.2003 as communicated by respondent No.4 vide its order dated 14.02.2003. Being aggrieved by and dissatisfied with the same, the petitioner has preferred the present petition.

(3.) Learned advocate for the petitioner contended that the petitioner has obtained 2 marks less to be declared as successful candidate and to be qualified for the oral test. He further submitted that according to the Circular dated 01.01.1973, if an examinee fails in only one subject, then he can be declared pass by adding grace marks, but such grace marks shall not exceed 5% of the maximum marks of that subject. Thus, in light of this clause (3) of the Circular, the petitioner is entitled to 15 grace marks as petitioner has obtained 133 marks out of 133 maximum marks of paper I.