MUNICIPAL SCHOOL BOARD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition has been filed against the order passed by respondent no.3-Board dated 09.04.1996 whereby, respondent no.4 has been declared successful in the examination conducted in May 1984 by granting him 5 grace marks.

(2.) THE facts in brief are that respondent no.4 herein was appointed as Jr. Clerk in the Office of the petitioner on 23.02.1980. As per the provisions of the Bombay Primary Education Act, 1947, respondent no.4 herein was required to pass the departmental examination within a stipulated period and in fixed number of attempts. However, respondent no.4 failed to clear the exam within the prescribed period. Apprehending that he would be terminated from service, respondent no.4 preferred R.C.S. No.281/1994 before the Learned Civil Judge (S.D.), Godhra. However, vide order dated 11.03.1996, respondent no.4 was terminated from the service. However, vide impugned order dated 09.04.1996, respondent no.4 was granted 5 grace marks in the exams conducted in May 1984 and was, accordingly, declared successful. On the basis of the impugned order, respondent no.4 claimed reinstatement in service. However, the same was declined by the petitioner. Being aggrieved by the above actions of the respondents, the petitioner has preferred the present petition.