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january 2013

Supreme Court of India · 2013-01-18

BRIJESH VIPIN CHANDRA SHAH vs STATE OF GUJARAT .

Citation / case number
SC 2010/15306
Court
Supreme Court of India
Petitioner
BRIJESH VIPIN CHANDRA SHAH
Respondent
STATE OF GUJARAT .
Author
ANIL R. DAVE SURINDER SINGH NIJJAR
Bench
ANIL R. DAVE SURINDER SINGH NIJJAR

Judgment text excerpt

The Supreme Court upheld the termination of the appellant's services as a Junior Clerk due to his failure to pass the mandatory post-training examination as per the Gujarat Non-Secretariat Clerks, Clerks-cum-Typist (Direct Recruitment Procedure) Rules, 1990. The Court ruled that the qualifications for Class III posts are mandatory and no relaxation can be granted. However, the Court noted the harshness of rendering the appellant jobless after 12 years of service and suggested consideration for a Class IV post on compassionate grounds, although it did not mandate this outcome.

BRIJESH VIPIN CHANDRA SHAH vs STATE OF GUJARAT . · Niyam