[Civil Appeal No. 735 of 2013 arising out of SLP (C) No.25586/2010]. The appellant herein was appointed on compassionate grounds as a Junior Clerk on 25.5.1998 as the father of the appellant died on 11.3.1996 while he was in service. It appears that under the Gujarat Non-Secretariat Clerks, Clerks-cum-Typist (Direct Recruitment Procedure) Rules, 1990, for direct recruitment to Class III post, a candidate is required to undergo in-service training and on completion of training, is required to appear at the post-training examination and has to pass the same in maximum three chances. Although the appellant has been in service since 25.5.1998, he did not appear in the said examination held for recruitment to the Class III post till 2003. Thereafter, the appellant appeared in the said examination on three occasions and on all the three occasions, he was unable to clear the examination. Since the appellant failed to clear the examination for recruitment to the Class III post, his services were terminated on 20.11.2004. The appellant challenged the order of termination before the High Court of Gujarat and the High Court by its judgment dated 20.2.2009, directed the Government to give one additional chance to the appellant to appear in the examination. The High Court also directed that the services of the appellant shall be regularised on the post of Junior Clerk if he clears the examination in said additional chance. However, even in the additional chance given to the appellant, he was unable to pass the examination.
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