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5. Learned counsel appearing for the petitioner reiterated such contention of the petitioner and further submitted that when persons similarly placed were given the benefit of appearing in the examination again, the petitioner cannot be denied of the same.

6. Per contra, counsel for the respondent submitted that the petitioner was recruited by Railway Recruitment Board, Bangalore to the post of Apprentice ESM/Gr.III (Technician/III/Signal) on a stipend of Rs.3050/- plus allowances as admissible from time to time and such appointment was subject to the condition that he has to undergo training for a period of 12 months and only on successful completion of the training, he would be absorbed. Further, it is submitted that the petitioner was directed for a training at Zonal Training School at Tiruchirapalli for a period of 12 months; Petitioner did not come out successful in the examination conducted by the said training school and as such, he was sent for repeating the course. Further, he has failed in the repeated course also and as such he was given a showcause notice on 22.6.2009 and termination order was issued subsequently on 24.7.2009.