NITIN CHOUDHARY Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) We have heard learned counsel appearing for the appellant and learned Additional Advocate General appearing for the State-respondents. An application has been filed to vacate the interim order dated 16.12.2014, on the ground that false and misleading facts have been stated, obviously, to get an order for giving him another chance to appear in the Type Test. On 16.12.2014, an order was passed in this Special Appeal, arising out of the judgment of learned Single Judge dismissing the writ petition, on the ground that the petitioner failed to clear the type test, despite four opportunities given to him, and thus, no sympathetic view can be taken, to allow him to clear the Type Test, which was the condition of his appointment.

(2.) The appellant was appointed on compassionate ground as Lower Division Clerk, on the death of his father, who was in service of the respondent as Land Surveyor, with the condition that he will pass the Type Test within three years. The first Type Test was scheduled on 7.5.2010, which he did not take, as according to him, he was assigned for survey work in the Census. In the second Type Test to be held on 14.7.2011, he could not participate, as he has not filled up the form correctly. In the third Type Test scheduled for him on 25.4.2012, he stated that he was on leave in connection with religious rites of the death of her maternal grandmother, who had raised him, and in the four Type Test, which he failed to pass, he stated that a few days before, the State Government had changed the Rules, and that, instead of Type Test, a Computer Test was organized.

(3.) Learned Single Judge did not find favour with the explanation given for not clearing the Type Test, and having failed in the fourth attempt, found that the compassionate appointment may not be allowed to continue on sympathies, when the appellant failed to avail the opportunity of clearing the Type Test, four times.