SHAILENDRASINGH NATUBHA GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr. Hardik Soni, learned Assistant Government Pleader, appearing on an advance copy of the petition, waives service of notice of Rule for the respondents. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.

(2.) BY preferring this petition under Article -226 of the Constitution of India, the petitioner has challenged the order dated 31.05.2010, whereby his services as Junior Clerk have been terminated on the ground that he failed to clear the Pre -Service Training Examination in three chances plus two additional chances.

(3.) MS . Reena Kamani, learned advocate for Mr. P.H. Pathak, learned advocate for the petitioner, submits that as the family of the petitioner was in dire need of employment, he was initially appointed on compassionate grounds. Unfortunately, the petitioner could not pass the examination within the three chances that were given to him plus two additional chances. The services rendered by the petitioner were satisfactory and there was no complaint against him. The petitioner has crossed the age for Government employment. The entire burden of maintaining the family is on the petitioner, therefore, looking to the overall circumstances, the prayers made by the petitioner may be granted.