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Judgment
The petitioner has filed the present petition seeking direction to the respondents for absorbing his services in the cadre of Assistant Teacher from
the date of passing of the eligibility test w.e.f. 1.4.2007.
The petitioner was initially appointed on the post of Shikshakarmi (later on changed as 'Guruji' on 19.9.1998). Thereafter, vide order dated
4.10.2010, he was absorbed on the post of Samvida Shala Shikshak Grade-III. When the similarly placed employees have been absorbed in the cadre
of Assistant Teacher w.e.f. 1.4.2007 and did not find his name in the order, he made representation to the respondents for granting similar benefit to
him. As the representation was not considered by the respondent, therefore, he has approached this Court by filing the present petition.
After notice, the respondents have filed the return by submitting that the State Government conducted the Guruji Test 2008 for absorption of Gurujis
in the cadre of Assistant Teacher. The petitioner appeared in the said examination but he could not qualify the same. The minimum marks of passing
the said examination was 40 and the petitioner obtained 38.78 marks, hence he was declared as disqualified and was not absorbed.
Thereafter, the petitioner filed the rejoinder to the effect that similar issue came up for consideration before the Principal Bench of this Court and
after the decision by the Principal Bench, the minimum qualification marks were reduced from 40 to 30 and the respondents have issued fresh mark-
sheet to the petitioner declaring him as 'Qualified'. Copy of the said mark-sheet is filed as Annexure P/8 with the rejoinder. Similarly placed person
approached this Court by way of W.P. No.3265/2017 and vide order dated 16.8.2018, the petition was allowed with a direction to the respondents to
consider his case. Now, vide order dated 20.12.2018 he has been absorbed in the cadre of Assistant Teacher w.e.f. 17.9.2008.
The respondents have filed additional return along with copy of the old mark-sheet of the petitioner of Guruji Examination 2008 in which he was
declared as disqualified and submitting that the petitioner has been absorbed w.e.f. 10.2.2014.
The dispute between the petitioner and respondents is only in respect of passing of Guruji Test 2008. According to the petitioner, vide Annexure P/8
he has been declared as qualified, but the respondents by way of return have denied this fact and still relying on the old mark-sheet issued by the
Professional Examination Board. Initially, the passing marks were 40 and the petitioner secured 38.78 marks, therefore, he was declared as
disqualified, but later on, the respondents have reduced the passing marks from 40 to 30 and accordingly he has been declared as qualified, therefore,
there is no impediment for granting the benefit of absorption in the cadre of Assistant Teacher w.e.f. 1.4.2007 as has been granted to similarly placed
'Guruji'. Both the mark-sheets are liable to be verified by the respondents for Professional Examination Board before granting said benefits to the
petitioner.
Accordingly, this petition is disposed of with a direction to the respondents to examine the mark-sheet of the petitioner (Annexure P/8) produced by
the petitioner and if he is treated to be qualified in the Guruji Test, 2008, then he be given the benefit of absorption in the cadre of Assistant Teacher
w.e.f. 1.4.2007 with all consequential benefits.
No order as to costs.