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SCA/6243/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6243 of 2010
=========================================================
VINODKUMAR
KANTILAL PARMAR - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
KV JOSHI for
Petitioner(s) : 1,
MR JASWANT K SHAH AGP for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 14/05/2010
ORAL
ORDER
1.0 The
petitioner has prayed to direct the respondent No.2 authority not to
remove the petitioner from the service as Junior Clerk from
Kubernagar-I.T.I at Ahmedabad.
2.0 The
petitioner was appointed as Junior Clerk on compassionate ground at
I.T.I Mahuva, District: Bhavnagar, Saurashtra by order dated
22.04.2003. Pursuant to the application for transfer, the petitioner
was transferred to Kubernagar- I.T.I, Ahmedabad. The petitioner
appeared in Pre- Service Training Examination and failed in
four-trials. The petitioner was therefore, removed from the service
on 30.04.2010 on the ground of the Pre-Service Training Examination.
Hence, this petition.
3.0 Learned
advocate for the petitioner has relied on the order passed by this
Court (Coram: H.K. Rathod, J.) dated 22.07.2003. He further submitted
that as the petitioner was appointed on compassionate ground, he is
not supposed to appear and clear Pre-Service Training Examination. He
further submitted that the petitioner is elder in his family to earn
and look after other family members.
4.0 Looking
to the facts and considering the submission, in my view, though the
petitioner was given sufficient chance to clear in the Pre-Service
Training Examination, he did not pass the examination. It is well
settled that even if the appointment is on compassionate basis, the
requirement of pre-service training could not be waived. Therefore,
the order of the respondent authority of terminating/removing the
petitioner is just and proper. No case is made out. The petition is
rejected.
(K.S.JHAVERI,
J.)
niru*
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