The court confirmed that meeting the mandatory shorthand speed requirement is essential for appointment, and failing this disqualifies candidates, regardless of other test scores.

ORDER :

AVNEESH JHINGAN, J.

1. This petition is filed seeking directions to appoint the petitioner on the post of Stenographer Grade-III (Hindi) (hereinafter referred to as ‘Stenographer’) in pursuance to the advertisement dated 28.07.2023.

2. The facts are that the advertisement dated 28.07.2023 was issued under the RAJASTHAN DISTRICT COURTS MINISTERIAL ESTABLISHMENT RULES , 1986 (for short ‘1986 Rules’) for recruitment on various posts. The petitioner who is specially abled person applied under the category of physically handicapped (low vision) for the post of Stenographer. The petitioner appeared in the examination, as per result sheet, shorthand speed was 50.167 words per minute (for short ‘WPM’); got 66.667 marks in shorthand; 23.475 for speed and 31 marks in efficiency test. The petitioner was not called for interview for not having requisite speed in hindi shorthand test. The representation was made by the petitioner to the Chief Justice of the Rajasthan High Court with a request to give appointment and after serving a legal notice dated 10.07.2024, the writ petition was filed.

3. Learned counsel for the petitioner argues that the petitioner had secured more than the qualifying marks in speed and efficiency test and there were no minimum qualifying marks prescribed for hindi shorthand test, the respondent erred in not appointing the petitioner. The contention is that the vacancies reserved for physically handicapped category are still vacant. Further that the merit list was to be prepared considering the marks in hindi shorthand, speed and efficiency test, the petitioner had secured more than minimum required marks and in the absence of any other candidate securing higher marks, the petitioner should have been appointed.

3.1. The argument is that in Rule 10 of 1986 Rules the word ‘must have passed’ be read as ‘might have passed’.

4. As per contra, the respondent is relying upon evaluation of marks in hindi shorthand test which is not equivalent for determination of the speed of shorthand. The mandatory requirement for appointment to the post of Stenographer is to pass speed test at 70 WPM in hindi shorthand but the petitioner failed in test. Reliance is placed upon Rule 10 of the 1986 Rules and Clause 14 of the Advertisement.

5. Before proceeding further, it would be relevant to quote relevant portion of the advertisement and Rule 10 of the 1986 Rules:-

“14- ijh{kk dh Ldhe vkSj ikB~;Øe (Scheme & Syllabus of Examination):-

(1) Competitive Examination for the posts of Stenographers Grade-III/Stenographers Grade-II shall consist of the subject given in two alternative Groups A and B, A candidate shall be required to pass the subject group of the post applied and required to pass Group C compulsorily:-

Group-A

English Shorthand Test:

Group-B

Hindi Shorthand Test:

Group-C Computer Test:

lk{kkRdkj (INTERVIEW)

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