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    <title>2017 (7) TMI 75 - BOMBAY HIGH COURT</title>
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    <description>An employee appointed subject to passing a departmental examination within three years and three attempts could validly be removed for failure to clear the test. Non-application or non-appearance for the first examination was treated under the governing circulars as a lost chance, and the employee could not avoid that consequence by alleging lack of notice where the instructions had wide publicity. After failing in the second and third attempts, he received one further discretionary chance, which he also failed. The Tribunal erred in ignoring the first lost chance and in counting only three attempts; the permissible chances were exhausted, and the termination was upheld.</description>
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    <pubDate>Wed, 07 Jun 2017 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=344963</link>
      <description>An employee appointed subject to passing a departmental examination within three years and three attempts could validly be removed for failure to clear the test. Non-application or non-appearance for the first examination was treated under the governing circulars as a lost chance, and the employee could not avoid that consequence by alleging lack of notice where the instructions had wide publicity. After failing in the second and third attempts, he received one further discretionary chance, which he also failed. The Tribunal erred in ignoring the first lost chance and in counting only three attempts; the permissible chances were exhausted, and the termination was upheld.</description>
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      <pubDate>Wed, 07 Jun 2017 00:00:00 +0530</pubDate>
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