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TMI Blog2012 (1) TMI 417X X X X Extracts X X X X X X X X Extracts X X X X ..... yant Parashar, Neeraj Kumar Sharma, Purnima Jauhari, A.V. Rangam, Buddy A. Ranganadhan and Milind Kumar, Advs. JUDGMENT A.K. Ganguly, J. 1. Leave granted. 2. We have heard Learned Counsel for the parties. 3. This appeal is directed against the impugned judgment and order dated 19.01.2009 passed in Special Appeal No. 409 of 2008 of the High Court of Rajasthan. The controversy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d as the Appellant did not pass the Higher Secondary/Senior Secondary Examination after passing the Secondary Examination. 6. The case of the Appellant is that at the time when she passed the Secondary Examination, it was permissible for a candidate passing the Secondary Examination to get admission in the higher classes with a preparatory course. The Appellant thereafter completed her graduati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id view taken by the High Court. We find that from the qualifications which have been mentioned, it is made clear that the basic qualification is Senior Secondary or Intermediate or its equivalent. We find that the Appellant on the basis of her qualification was provisionally selected after she had submitted her requisite testimonials. 8. In the impugned judgment, the High Court has given a fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lection being continued also comes into existence. 9. Considering these aspects of the matter, we are of the view that the Appellant should be considered reasonably and the provisional appointment which was given to her should not be cancelled. We order accordingly. 10. However, we make it clear that we are passing this order taking in our view the special facts and circumstances of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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