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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Rajesh Singh Chauhan,J.
Santosh Ji Mishra – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. Madhyamik Education – Respondent
| Table of Content |
|---|
| 1. writ petition being decided at the admission stage. (Para 1 , 2 , 3) |
| 2. petitioner seeks to quash an order requiring a typing test. (Para 4 , 5) |
| 3. petitioner claims eligibility for promotion based on qualifications. (Para 6 , 7 , 8) |
| 4. opposition argues typing test is mandatory for promotion. (Para 9 , 10 , 11 , 12) |
| 5. court supports the validity of the government order for typing test. (Para 13) |
| 6. court finds the typing test requirement proper and mandatory. (Para 14 , 15 , 16) |
| 7. writ petition is dismissed with no order as to costs. (Para 17 , 18) |
JUDGMENT :
Rajesh Singh Chauhan, J.
1. Heard Pt. S. Chandra, learned counsel for the petitioner, Sri Ran Vijay Singh, learned Addl. Chief Standing Counsel for the State-opposite parties no.1, 2 & 3, Sri Ghanshyam Verma, who has filed Vakalatnama on behalf of opposite party no.6 and Sri Ajay Pratap Singh-II, who has filed Vakalatnama on behalf of opposite party no.7. Said Vakalatnamas are taken on record.
2. In view of the proposed order, notices to opposite parties no.4 & 5 are hereby dispensed with.
3. With the consent of learned counsel for the parties, this writ petition is being decided finally at the admission stage.
4. By
The requirement for a typing test for promotion to Assistant Clerk is valid under the amended regulations, aligning with statutory qualifications.
Teacher training qualification mandatory at appointment time under statutory rules; subsequent acquisition does not validate; executive resolutions cannot override rules.
Reversion of employee due to failure in passing a required typing test is justified despite claims of lack of prior notice in promotion terms.
Post of Clerk – Selection process - Appointment of petitioner/respondent, if allowed, will amount allowing a person to be appointed without following procedure of law as selection process of petition....
Fixing eligibility for a particular post or even for admission to a course falls within exclusive domain of legislature/executive and cannot be subject matter of judicial review.
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