BHAGORA MANJIBHAI RAMJIBHAI Vs. REGISTRAR,CO-OP. SOCIETIES

JUDGEMENT

(1.) Heard Mr. S.V. Parmar learned Advocate for the petitioner and Mr. Ronak Raval learned Assistant Government Pleader, for the State authorities. The challenge in this petition is to the order dated 28.8.1995, whereby the service of the petitioner is terminated for not passing the departmental examination, which was necessary for being retained in service, as per Rules.

(2.) The petitioner was appointed by the Registrar of Co-operative Societies, Gujarat State, vide order dated 16.2.1991, on the post of Auditor Grade-II in the pay scale of Rs. 1400-2600, then prevailing, on probation for a period of two years. One of the conditions prescribed in the appointment order was that the petitioner was to pass the examination of the Government Diploma in Co-operation and Accountancy (GD. C. & A. for short), within a period of two years and in three trials. It was also stipulated in the appointment order itself that, in the event, the petitioner fails to pass the said examination accordingly, his services shall be terminated.

(3.) The petitioner appeared in that examination, but did not clear the same within three chances. During the period of probation of two years, all three chances were not exhausted and therefore, even the period of two years of probation was extended to enable the petitioner to pass the said examination. The petitioner failed to pass the said examination within three chances, which was even beyond the said period of two years. The service of the petitioner, therefore could be put to an end to, however since the petitioner belongs to Scheduled Tribe, as per the policy of the Government, he was entitled to get an additional chance to pass that examination. Under these circumstances, instead of terminating the service of the petitioner, the Registrar of Co-operative Societies, vide communication dated 22.9.1994, put it to the notice of the petitioner that the petitioner has failed to pass G.D.C. & A. examination within three chances, but he being Scheduled Tribe Candidate, is entitled to avail one more chance, which is being given to him, and it was specifically mentioned therein that, in the event, the petitioner not passing the said examination at the fourth chance, his services shall be terminated.