JUDGMENT

D.N. Patel, Chief Justice (Oral)

CM APPL.40807/2019 (Exemption)

Allowed, subject to all just exceptions.

LPA 591/2019

1. This Letters Patent Appeal has been preferred by the original petitioner whose writ petition, being W.P.(C) 9312/2019, was dismissed by the learned Single Judge vide judgment and order dated 6th September, 2019 (Annexure P-1 to the memo of this LPA), whereby this appellant (original petitioner) was not allowed to rectify the form which was filled up by this appellant for the examination in question, especially when out of three examinations, two are already over and only the last one is left.

2. Having heard the counsel for both the sides and looking into the facts of the present case, it appears that the appellant (original petitioner) is seeking correction in the form filled up by this appellant for Staff Selection Commission Combined Higher Secondary Level (10+2) Examination, 2017.

3. The form was filled up by this appellant as per the detailed instructions, which are at Annexure P-3 to the memo of this appeal.

4. There are three examinations; one is a computer-based examination which has already been conducted on 25th March, 2018; the second examination was descriptive in nature, and has already been conducted on 15th July, 2018 and now, the third examination is to be conducted, which is of English/Hindi Typing Test, and was to be held initially on 6th September, 2019, but is now being conducted till 22nd September, 2019 and some tests have been re-scheduled for 23rd and 24th September, 2019.

5. The form was filled up by this appellant (original petitioner) for three examinations. Two examinations are already over and for the third examination, he wants a change in the form, which was filled up much earlier. It appears that this appellant had opted for `Hindi Typing Test' originally, and now he wants to opt for the `English Typing Test'. If permitted, there will be a change in the form which is already filled up by this appellant. This is not permissible looking to Clause 13.3, which is to be read with Clause 13.1 of Notification No.3/3/2017-P&P-1. For ready reference, all these clauses, namely Clause 13.3 (page 65), Clause 23 (xix) (page 70) and Clause 13 (page 71) of this appeal respectively read as under:

"13.3 Typing Test for LDC/JSA and Postal Assistant/Sorting Assistant:

Typing Test will be conducted for those candidates who qualify in the Computer Based Examination (Tier-I) and Descriptive Paper (Tier-II). Such Typing Test will be conducted in English or Hindi and candidates while applying for the Examination, will have to indicate his/her choice/option for Skill Test Medium in the Application Form.

Typing Test will be administered on the Computer, to be provided by the Commission or any agency authorized by the Commission.

Candidates opting for English medium should have typing speed of 35 words per minute (w.p.m.) and those opting for Hindi medium should have typing speed of 30 words per minute.

The speed will be adjudged on the accuracy of typing on the Computer of a given text passage in 10 minutes. VH/OH (afflicted by Cerebral Palsy) and OH with deformity in writing hand (with 40% disability and above) will be allowed 30 minutes including compensatory time 20 minutes.

Passage Dictators will be provided to VH candidates for the Typing test. The Passage Dictator will read out the passage to VH candidate within the allotted time period. Further, Passage Dictators will be allowed for Typing Test only to those VH candidates who have taken Scribe in the written examination.

35 w.p.m. and 30 w.p.m. corresponds to 10500 key depressions per hour and 9000 key depressions per hour respectively.

OH candidates who claim to be permanently unfit to take the Typing test because of a physical disability may, with the prior approval of the Commission, be exempted from the requirement of appearing and qualifying at such test, provided such a candidate submits a Certificate in the prescribed f