In Chandra Kant (supra) noticing the promulgation of the Bihar Elementary School Teachers Appointment Rules framed on 8.10.1991 the finding is that Rule 11 prohibits grant of trained scale unless and until the incumbent has acquired the training qualification. No executive instruction could dilute the same. The ratio or the discussion cannot be deduced devoid of the facts of the case which can be noticed from para 10- of the judgement. The petitioners therein had completed their training but the examination was not being held. More over the results were published long after the examination was held. The findings are to be noticed in para 29 that no mandamus could be issued for grant of the trained scale contrary to Rule 11. It was in the special facts as noticed in para 30 of the judgement, attributable to the inability of the State Government, to hold the required examination within reasonable time causing hardship and sufferance to those who had completed the training but examination could not be held, noticing the power in Rule 11 for relaxation directions were given to consider their cases in accordance with law.
