Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Consequences of failure to clear a departmental examination in terms of the Rules known as District Transport Officers (Motor Vehicle Department) Department Examination Rules, 1984 (for short, `the Rules) is in question in this appeal which arises out of a judgment and order dated 22.10.2002 passed by a Division Bench of the High Court of Bombay, Bench at Nagpur whereby and whereunder a writ petition filed by the appellant herein against the judgment and order dated 15.3.2002 passed by the Maharashtra Administrative Tribunal dismissing the Transfer Application No.300 of 1992, was dismissed.

3. The basic fact of the matter is not in dispute. Appellant was appointed in the post of District Transport Officer on probation on or about 30.11.1984. He joined the services in January 1985. Indisputably, he was put on probation for a period of two years.

4. The relevant Examination Rules applicable to the case read as under:

"Rule 4:- Period within which Examination is to be passed:-

(1) Every District Transport Officer appointed by promotion after the appointed date shall be required to pass the examination within the period of two years from the date of the appointment and within three chances.

(2) Every District Transport Officer recruited by nomination on or after the appointed date shall be required to pass the examination within the period of probation of two years or within the extended period of probation, as the case may be, and within three chances:

(3) Every District Transport Officer, working as such on the appointed date and who has not passed

Provided that if he is not able to pass the examination within the regular period of probation of two years, he shall be liable to the same consequences as provided under sub-rule (3) of Rule 5.

the examination or has not been exempted from passing it, under the existing rules, shall be required to pass the examination within a period of two years from the appointed date and within three chances, including any chance of chances availed of by him under the existing rules:

Provided that a period promoted or appointed by nomination who is on probation or extended probation as District Transport Officer belonging to Schedule Caste, Scheduled Caste converts to Buddhism, Scheduled Tribe, Denotified Tribe or Nomadic Tribe shall be given one more chance and one more year to pass the examination than otherwise admissible to him under sub-rule (1) or (2).

(4) Notwithstanding anything contained in sub-rule (1) or sub rule (2), the Government may, having regard to the performance of District Transport Officer in the examination in respect of earlier chances already availed of by him and to any other facts and circumstances of the case, grant not more than two additional chances to a District Transport Officer to appear for the examination. For this purpose, the period of two years, probation of a District Transport Officer appointed by nomination may be extended by a period not exceeding one year. Rule 5 : Consequences of failure to pass the examination:

(1) A District Transport Officer who is appointed by nomination or by promotion fails to pass the examination within the time limit and chances laid down in rule 4, shall be liable to be discharged from service or reverted, as the case may be.

(2) NoDistrict Transport Officer, who is required to pass the examination under these Rules, shall be promoted to a higher post, unless he passes the examination or is exempted from passing the examination.

(3) If a District Transport Officer fails to pass the examination within the time limit and chances laid down in sub-rule (1), (2) and (3) of Rule 4 above, he shall lose seniority for the purpose of promotion to the higher post, that is to say, he shall be ranked below, all the District Transport Officer, who pass or are exempted from passing the examination before him and also below all those who are senior to such District Transport Officer belo