S D DAYAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner a clerk in a technical institute under Director of Technical Education has prayed for the following relief;

(2.) In the affidavit in reply in paras 5.8 and 11 a stand has been taken that it is discretionary for the Director of Technical Education to exempt clerical staff who fail to pass departmental examination on completion of 12 years and in the present case the scrutiny of the confidential reports of the present petitioner showed that the service of the petitioner was not satisfactory to grant him exemption for passing the departmental examination.

(3.) Therefore the question whether the Director of Technical Education has any such discretion after a lapse of a period of 12 years? The relevant rule prevailing at that time i.e. 2/05/1976 was contained dt. 24-12-1962 (Ann. A to the petition) was as follows: