SHANKARBHAI MOHANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned AGP Mr. Swapneshwar Gautam waives service of copy of Rule for the respondent State on advanced copy. In view of the peculiar facts and circumstances of the case and with the consent of learned advocates for the respective parties, the petition is being heard and decided finally today.

(2.) VIDE present petition, the petitioner has challenged the decision dated 5.6.2009, whereby the services of the petitioner were terminated on the ground that he failed to clear pre -service training examination in three attempts.

(3.) LEARNED advocate Ms. Rina Kamani for learned advocate Mr. Pathak for the petitioner submitted that the petitioner was granted appointment on compassionate ground as his family was in dire need of money. Unfortunately, the petitioner could not pass the examination though he was provided three chances. In support of the above submissions, learned advocate for the petitioner has placed reliance upon a judgment dated 18.01.2013, of the Supreme Court in Brijesh Vipin Chandra Shah v. State of Gujarat & Ors. in Civil Appeal No. 735 of 2013. Lastly, it is submitted by the learned advocate for the petitioner, that as the case of the petitioner is covered by the said judgment, directions, in accordance with the observations of the Supreme Court, may be issued.