M M REHAN Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) Heard the learned counsel for the parties, perused the special civil application and the draft amendment.

(2.) The petitioner was recruited as Junior Clerk under the Centralized Recruitment Scheme in the year 1967. He later on appears to have been promoted to the post of Senior Clerk. In the year 1987, the Gujarat Public Service Commission (hereinafter referred to as "the Commission") invited applications for making selection on the post of Employment Officer. In response to the said advertisement of the Commission, the petitioner applied for the post. He was selected by the Commission for the post and in the year 1988 he was appointed as Employment Officer. It is not in dispute that this appointment was subject to the condition that the petitioner will have to pass Pre-Service Training Examination as provided under the Gazetted Officers Pre Services Examination Rules, 1970. In 1991, the petitioner appeared in the said examination on three occasions but he failed. The petitioner made an application to the Government for granting him the additional chance to appear in the Pre Service Training Examination, which application found favour with the Government and the petitioner was granted one additional chance to appear in the said examination. This time the petitioner has not appeared in the examination. He made a request to the Government not to treat the said chance of having been exhausted by the petitioner, which request was accepted by the Government and once again the additional chance to appear and pass the Pre Service Training Examination has been granted. It is the grievance of the petitioner that the petitioner could not avail of that chance on account of non-communication of the examination schedule by the respondent No.3. When the petitioner was sought to be reverted from this post at that time the petitioner has approached to this court by filing this petition.

(3.) This petition has been submitted by the petitioner in this court on 11-12-1997, which has come up for preliminary hearing on 12-12-1997, on which date, notice was issued. Thereafter, from time to time, this matter has been adjourned. The petitioner filed a draft amendment bringing on record the subsequent events which have taken place. From this draft amendment, I find that under the order dated 18-12-1997, the petitioner was reverted to the post of Senior Clerk. This order has been pasted at his residence. By this amendment, the petitioner prayed for quashing of that order.