DHARMENDRA B SIDHPURA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned. Advocates for the parties. The petitioner was appointed as Clerk-cum-Typist on compassionate ground in June, 1985. The petitioner was given three opportunities to pass the pre-service examinatjon, but he could not clear the same. The petitioner, apprehending termination, has approached this Court seeking direction to grant additional chance to the petitioner to appear in the examination and further that his services may not be terminated on the ground that the petitioner has not passed the pre-service training examination in three chances. This Court, by interim order dated 3.4.1998 directed to maintain status-quo and as such he is continuing in the job.

(2.) The Gujarat Non-Secretariat and Secretariat Clerk-cum-Typists (Training and Examination) Rules, 1976 provide for the scheme of giving training and examination to select Clerks and Clerk-cum-Typists appointed in the non-secretariat department. Rule 6 of the said Rules reads as under : "On conclusion of the training, a candidate shall be required to appear at the post training examination and to pass it, in not more than three chances, provided that the chance already availed of, under these rules, provided further that the candidate belonging to Scheduled Castes and Scheduled Tribes may be given one more chance, provided further, if in the case of any such candidate, the State Government is satisfied that he could not pass the examination, at which he had his last chance for the reasons, beyond his control, or if he failed to pass such examination by very narrow margin of marks. The State Government may after recording reasons in writing, give him one more chance to pass the examination on the payment of examination fees of Rs. 15/- provided further that if a candidate has to pass an Examination in the first/second and/or third chance, in the case of Scheduled Castes and Scheduled Tribes candidate, he shall be required to appear in the subsequent examination/examination held after expiry of 30 days from the date of declaration of the examination, in which he failed, but he shall not be required to attend the Training Class again." A reading of the above Rule shows that on conclusion of the training a candidate is required to appear at the post-training examination. The employee is given three maximum chances except variation in certain cases mentioned therein. The Government issued Notification dated 15.1.1997 which provides for two more grace chances in exceptional cases. The question arises as to whether the services of the employee is liable to be terminated on failing to pass any examination even on availing the third chance or the service is to be continued in case the grace chance is given till the result of the examination is declared.

(3.) Learned Advocate for the petitioner has referred to an unreported decision of this Court rendered on 16.4.1990 in Special Civil Application No. 2271/90. In that case, pending the petitioner's application for giving grace chance, his services were terminated. This Court, by order dated 16.4.1990, directed to decide the petitioner's application by 15.6.1990, till then the petitioner was allowed to continue in service by setting aside the order of termination.