High Court · 2025

(ii) to issue a writ order or direction in the nature of certiorari quashing the impugned order dated 14.03.2023 as contained in Annexure No.3 to this writ petition so far as it deprives the petitioner to continue on the post of Junior Assistant. (iii).... (iv)... (v)..." 3. Learned counsel appearing for the petitioner submits that this Court in similar set of facts has disposed of the writ petition vide judgment and order dated 18.04.2023 passed in Writ A No.2709 of 2023. Order dated 18.04.2023 would read as under:- "1. Heard Sri Raj Kumar Upadhyaya, learned counsel for the petitioner and Sri Savitra Vardhan Singh, learned Additional Chief Standing Counsel.

2.The present writ petition under Article 226 of the Constitution of India has been filed seeking a writ of Certiorari quashing the orders dated 4.2.2023, 17.2.2023 and 2.3.2023 with further prayer for a Writ of Certiorari quashing the order dated 14.3.2023 so far it deprives the petitioner to continue on the post of Junior Assistant. Further prayer has also been made to command the opposite parties to consider and grant one more opportunity of typing test to the petitioner in order to continue in service on the post of Junior Assistant and in case of failure, he may be allowed on Class-IV post as an alternate employment.

3. On the last date of listing of this petition i.e. 7.4.2023, this Court passed the following order:- "1. Heard Sri Raj Kumar Upadhyaya, learned counsel appearing for the petitioner and Sri Savitra Vardhan Singh, learned Additional Chief Standing Counsel appearing for the State.

2. Sri Raj Kumar Upadhyaya, learned counsel appearing for the petitioner submits that when the second typing test of the petitioner was conducted, the petitioner was not well, therefore, he requested one day's time, however, the authority concerned did not give him one day's time and he was forced to undergo typing test in which he could type out 24.6 words per minute, which fell short of only 0.40 word per minute. His typing proficiency has got increased tremendously to 35 words per minute. If a fresh typing test is taken, the petitioner would type out 35 words per minute, and if the petitioner types out 35 words per minute, his case for retaining him as Class III may be considered.

3. Sri Savitra Vardhan Singh, learned A.C.S.C. will seek instruction that whether the petitioner who could typed 24.6 words per minute in typing test conducted second time can be considered for retaining him on Class III post, if he types out 35 words per minute, if one more opportunity is given to him.

4. List after a week peremptorily.

5. The petitioner should join a Class IV post which would offer to him. However, his joining would be subject to the final outcome of this petition."

4. Sri Savitra Vardhan Singh, learned Additional Chief Standing Counsel submits that there is no provision under the relevant rules to give third chance to clear the typing test. The petitioner has failed twice in the typing test and, therefore, his appointment on Class-III post has been terminated and he has been offered fresh appointment on Class-IV post.

5. There is no dispute that in the second chance of clearing the typing test, the petitioner has typed out 24.6 words per minute, which was only short by 0.4%.

6. Learned counsel for the petitioner submits that on the date when the typing test was conducted, the petitioner was not feeling well and he has requested for postponing the typing test. However, the said request of the petitioner was not favourably considered and the petitioner was forced to take the typing test, which he failed only short of 0.4% word per minute. He further submits that the petitioner has proficiency of typing out 25 or more words per minute and, if he is permitted one chance at any date, he will prove his proficiency in typing and, if he does not prove himself, he will accept the appointment on Class-IV post.

7. Considering the aforesaid submission and taking into consideration the peculiar facts and circumstances of the case, particularly that the petitioner was given Class-III post on compassionate ground, in the interest of justice, one more chance is directed to be given to the petitioner to prove his typing proficiency.

8. In view thereof, the concerned department is directed to fix a date within fifteen days from today for taking typing test exam of the petitioner and if he has requisite proficiency in typing, he should be allowed to continue on Class-III post, for which he was given initial appointment on compassionate ground. If the petitioner does not qualify the typing test, he may be offered fresh appointment on Class-IV post.

9. With the aforesaid observation and direction, the present writ petition stands disposed of."

4. Learned counsel appearing for the petitioner, therefore, submits that similar relief may also be granted to the petitioner.

5. Learned Additional Chief Standing Counsel appearing for the State does not have any objection to the aforesaid contention of learned counsel appearing for the petitioner.

6. In view of the aforesaid, the present petition is disposed of in terms of the order dated 18.04.2023 passed in Writ A No.2709 of 2023. It is further provided that if the petitioner does not qualify the typing test with proficiency of 25 words per minute in typing test to be conducted in compliance of the this order, the petitioner shall be given appointment on a Class IV post. Order Date :- 16.5.2025 Saurabh Yadav/- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

(ii) to issue a writ order or direction in the nature of certiorari quashing the impugned order dated 14.03.2023 as contained in Annexure No.3 to this writ petition so far as it deprives the petitioner to continue on the post of Junior Assistant. (iii).... (iv)... (v)..." 3. Learned counsel appearing for the petitioner submits that this Court in similar set of facts has disposed of the writ petition vide judgment and order dated 18.04.2023 passed in Writ A No.2709 of 2023. Order dated 18.04.2023 would read as under:- "1. Heard Sri Raj Kumar Upadhyaya, learned counsel for the petitioner and Sri Savitra Vardhan Singh, learned Additional Chief Standing Counsel.

2.The present writ petition under Article 226 of the Constitution of India has been filed seeking a writ of Certiorari quashing the orders dated 4.2.2023, 17.2.2023 and 2.3.2023 with further prayer for a Writ of Certiorari quashing the order dated 14.3.2023 so far it deprives the petitioner to continue on the post of Junior Assistant. Further prayer has also been made to command the opposite parties to consider and grant one more opportunity of typing test to the petitioner in order to continue in service on the post of Junior Assistant and in case of failure, he may be allowed on Class-IV post as an alternate employment.

3. On the last date of listing of this petition i.e. 7.4.2023, this Court passed the following order:- "1. Heard Sri Raj Kumar Upadhyaya, learned counsel appearing for the petitioner and Sri Savitra Vardhan Singh, learned Additional Chief Standing Counsel appearing for the State.

2. Sri Raj Kumar Upadhyaya, learned counsel appearing for the petitioner submits that when the second typing test of the petitioner was conducted, the petitioner was not well, therefore, he requested one day's time, however, the authority concerned did not give him one day's time and he was forced to undergo typing test in which he could type out 24.6 words per minute, which fell short of only 0.40 word per minute. His typing proficiency has got increased tremendously to 35 words per minute. If a fresh typing test is taken, the petitioner would type out 35 words per minute, and if the petitioner types out 35 words per minute, his case for retaining him as Class III may be considered.

3. Sri Savitra Vardhan Singh, learned A.C.S.C. will seek instruction that whether the petitioner who could typed 24.6 words per minute in typing test conducted second time can be considered for retaining him on Class III post, if he types out 35 words per minute, if one more opportunity is given to him.

4. List after a week peremptorily.

5. The petitioner should join a Class IV post which would offer to him. However, his joining would be subject to the final outcome of this petition."

4. Sri Savitra Vardhan Singh, learned Additional Chief Standing Counsel submits that there is no provision under the relevant rules to give third chance to clear the typing test. The petitioner has failed twice in the typing test and, therefore, his appointment on Class-III post has been terminated and he has been offered fresh appointment on Class-IV post.

5. There is no dispute that in the second chance of clearing the typing test, the petitioner has typed out 24.6 words per minute, which was only short by 0.4%.

6. Learned counsel for the petitioner submits that on the date when the typing test was conducted, the petitioner was not feeling well and he has requested for postponing the typing test. However, the said request of the petitioner was not favourably considered and the petitioner was forced to take the typing test, which he failed only short of 0.4% word per minute. He further submits that the petitioner has proficiency of typing out 25 or more words per minute and, if he is permitted one chance at any date, he will prove his proficiency in typing and, if he does not prove himself, he will accept the appointment on Class-IV post.

7. Considering the aforesaid submission and taking into consideration the peculiar facts and circumstances of the case, particularly that the petitioner was given Class-III post on compassionate ground, in the interest of justice, one more chance is directed to be given to the petitioner to prove his typing proficiency.

8. In view thereof, the concerned department is directed to fix a date within fifteen days from today for taking typing test exam of the petitioner and if he has requisite proficiency in typing, he should be allowed to continue on Class-III post, for which he was given initial appointment on compassionate ground. If the petitioner does not qualify the typing test, he may be offered fresh appointment on Class-IV post.

9. With the aforesaid observation and direction, the present writ petition stands disposed of."

4. Learned counsel appearing for the petitioner, therefore, submits that similar relief may also be granted to the petitioner.

5. Learned Additional Chief Standing Counsel appearing for the State does not have any objection to the aforesaid contention of learned counsel appearing for the petitioner.

6. In view of the aforesaid, the present petition is disposed of in terms of the order dated 18.04.2023 passed in Writ A No.2709 of 2023. It is further provided that if the petitioner does not qualify the typing test with proficiency of 25 words per minute in typing test to be conducted in compliance of the this order, the petitioner shall be given appointment on a Class IV post. Order Date :- 16.5.2025 Saurabh Yadav/- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench