Case Note & Summary
The petitioner, Shri Prakash Poonaji Bhatkar, a Sales Tax Officer, was promoted to Class II post and was required to pass a departmental examination within two years from the date of promotion as per the examination rules. He was granted all chances including additional chances available to backward class employees but failed to pass. Consequently, he was reverted to his previous post under rule 4(c) of the examination rules. The petitioner challenged the reversion order before the Maharashtra Administrative Tribunal, which rejected his Original Application seeking an additional chance to appear and pass the examination. The Tribunal found that the petitioner had exhausted all chances under the rules and that the reversion was valid. The petitioner then filed a writ petition before the Bombay High Court. The High Court, after perusing the Tribunal's order, found that the Tribunal had given cogent and valid reasons in paragraphs 5 and 6. The Court noted that the rules clearly require passing the examination within two years, and additional chances cannot exceed two. The petitioner had already been granted all chances including those for backward class employees. The Court also rejected the petitioner's argument that his representation under rule 7 regarding a chance he could not take due to illness should have been considered, holding that the rules emphasize the period for passing the examination, not the chance, and that failure to appear unless for reasons beyond control is treated as failure. The High Court dismissed the petition, upholding the Tribunal's order and the reversion.
Headnote
A) Service Law - Departmental Examination - Reversion - Sales Tax Officer Class II promoted to post must pass departmental examination within two years from promotion - Additional chances can be granted but not more than two - Petitioner was granted all chances including those for backward class employees - Failed to pass - Reversion under rule 4(c) of examination rules upheld - No infirmity found (Paras 5-6).
B) Service Law - Departmental Examination - Failure to Appear - Rule 7 - Representation - Failure to appear when required or permitted unless for reasons beyond control treated as failure to pass - Government decision final - Petitioner's contention of illness not considered as rule emphasizes period for passing examination not chance - Representation baseless (Para 6).
Issue of Consideration
Whether the petitioner was entitled to an additional chance to appear and pass the departmental examination beyond the chances already granted under the rules.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Maharashtra Administrative Tribunal and the reversion of the petitioner.
Law Points
- Departmental examination rules
- Reversion for failure to pass examination
- Additional chances limited to two
- Period for passing examination is crucial
- Failure to appear treated as failure unless reasons beyond control
Case Details
2005 LawText (BOM) (02) 123
WRIT PETITION NO.6052 OF 2001
V.G. Palshikar, Smt. Nishita Mhatre
Mr. V.M. Tayade for Petitioner, Mr. S.R. Nargolkar, AGP, for Respondent Nos.1 to 3
Shri Prakash Poonaji Bhatkar
The Government of Maharashtra, Sales Tax Commissioner, Maharashtra Public Service Commission
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Nature of Litigation
Writ petition challenging order of Maharashtra Administrative Tribunal rejecting Original Application for grant of additional chance to appear and pass departmental examination.
Remedy Sought
Petitioner sought an additional chance to appear and pass the departmental examination to avoid reversion.
Filing Reason
Petitioner was reverted from the post of Sales Tax Officer Class II to his previous post for failing to pass the departmental examination within the prescribed period and after exhausting all chances.
Previous Decisions
Maharashtra Administrative Tribunal rejected the Original Application, upholding the reversion order.
Issues
Whether the petitioner was entitled to an additional chance to appear and pass the departmental examination beyond the chances already granted under the rules.
Whether the petitioner's representation under rule 7 regarding a chance missed due to illness should have been considered.
Submissions/Arguments
Petitioner argued that he should have been granted an additional chance to appear and pass the examination.
Petitioner contended that his representation under rule 7 regarding a chance he could not take due to illness should have been considered.
Respondents argued that the petitioner had already been granted all chances including additional chances for backward class employees and failed to pass, and the reversion was valid under rule 4(c).
Ratio Decidendi
A government servant promoted to a higher post must pass the departmental examination within the prescribed period; additional chances are limited to two; failure to pass after exhausting all chances justifies reversion under the rules; the rules emphasize the period for passing the examination, not the chance, and failure to appear unless for reasons beyond control is treated as failure.
Judgment Excerpts
It is evident from these rules that the Government servant promoted to the Post of Sales Tax Officer Class II has to pass the departmental examination within two years from the date of promotion. Additional chances can be granted provided they are not more than two.
The rules emphasize on the period for passing the examination and not on the chance.
Procedural History
Petitioner was promoted to Sales Tax Officer Class II; failed to pass departmental examination within two years; granted additional chances including for backward class employees; failed; reverted under rule 4(c); filed Original Application before Maharashtra Administrative Tribunal seeking additional chance; Tribunal rejected application; filed Writ Petition No.6052 of 2001 before Bombay High Court; High Court dismissed petition on 4 February 2005.
Acts & Sections
- Maharashtra Sales Tax Officers' Examination Rules: Rule 4(c), Rule 7
