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.