RATAN LAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS petition has been filed with the prayer that the certification of the open school Secondary Examination written and passed by the petitioner, a Class -IV employee with the Public Health Engineering Department (PHED), be directed to be entered in the service record of the petitioner with all consequential benefits.

(2.) THE petitioner sought permission to pursue further studies. Thereupon the Chief Engineer (Rural) permitted the petitioner to write the Secondary School Examination from open school in the academic year 2005 -2006 vide order dated 28 -3 -2006 on certain terms and conditions. Pursuant to the permission, the petitioner wrote the Secondary School Examination in 2005 -2006 but could pass only 2 of the 5 subjects. The petitioner thereafter, as permitted under the open school examination scheme wrote the examination in the remainder 3 of 5 subjects in the year 20062007 and passed it.

(3.) IT has been submitted that after passing the 3 remainder papers of the Secondary Open School Examination in the academic year 2006 -2007, the petitioner forwarded his consolidated mark -sheet to the PHED -his department for taking it on the record of his service book. The said mark -sheet however was not taken on record for the reason that the petitioner had passed 3 of the 5 subjects in the year 2006 -2007 while the permission granted to the petitioner was only for the academic session 2005 -2006. Hence this petition.