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2025 Supreme(All) 2312
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Rajesh Singh Chauhan, J.
Santosh Ji Mishra - Petitioner
Vs.
State Of U.P. Thru. Addl. Chief Secy. Madhyamik Education And Others - Respondent
WRIT - A No. - 3861 of 2025
Decided On :
Important Points
Subject
Administrative Law - Promotion and Qualifications
Act Referred
RECRUITMENT RULES : R.8(2)
Headnote
(B) Promotion - Qualifications - The court affirmed that the qualifications for promotion include a typing test, which is mandated for candidates under the direct recruitment criteria as per the amended regulations. (Paras 11, 14)
Facts of the case:
The petitioner challenged the Director of Education's order requiring a typing test for promotion to Assistant Clerk, asserting that he met the qualifications without needing to pass a typing test, as per previous court rulings. (Paras 5, 6)
Findings of Court:
The court found that the requirement for a typing test was valid and necessary for the promotion to Assistant Clerk under the amended regulations, rejecting the petitioner's arguments against it. (Paras 14, 16)
Issues: The main issues were whether the Director of Education had the authority to mandate a typing test for promotion and the applicability of previous judgments regarding promotion qualifications. (Paras 10, 14)
Ratio Decidendi: The court reasoned that the Director's order was consistent with the statutory requirements and prior judgments, emphasizing the necessity of the typing test for promotion under the amended rules. (Paras 14, 15)
Result: Writ petition dismissed.
Advocate Appeared:
For the Petitioner: Pt. S. Chandra,Poonam Narayan
For the Respondent: C.S.C.
| 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 means of this petition, the petitioner has prayed following main reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 28.03.2025 passed by the Director of Education (Madhyamik) Uttar Pradesh, Lucknow as contained in Annexure no.1 to this writ petition.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to not create obstruction in working and functioning of the petitioner on the post of clerk of B.P. Inter College, Kudwar, Sultanpur."
5. By means of order under challenge, the Director of Education (Madhyamik) has directed that for filling up the post of Assistant Clerk from Class-IV post, typing test of the candidates/ applicants should be conducted in view of the Government Notification dated 06.01.2022.
6. Pt. S. Chandra has submitted that the present petitioner had filed one writ petition bearing Writ-A No.7291 of 2024, which was decided by this Court directing the competent authority to take appropriate decision in the issue of the petitioner regarding his promotion on Class-III post. The Authorized Controller of the Institution in question passed an order dated 10.10.2024 (Annexure No.4) holding that the candidature of the petitioner is suitable for promotion on the post of Junior Assistant. The District Inspector of Schools, Sultanpur has given approval to the aforesaid order dated 10.10.2024 by means of order dated 22.10.2024 (Annexure No.2). Thereafter, appointment letter was issued by the Authorized Controller of the Institution on 23.10.2024 (Annexure No.3) and the petitioner submitted his joining on the post of Assistant Clerk on the same date i.e. 23.10.2024. Since then, the petitioner has been discharging his duties on the post of Assistant Clerk.
7. Opposite party no.6 preferred a letter dated 11.11.2024 to the Director of Education (Madhyamik) challenging the aforesaid promotion order of the petitioner on the ground that the petitioner is not having knowledge of typing, which is a required qualification, therefore, he could have not been appointed on the post of Assistant Clerk. On such complaint of opposite party no.6, the Director of Education (Madhyamik) called report from the District Inspector of Schools concerned and after considering the report of the District Inspector of Schools and the relevant circular/ rules/ regulations etc., the impugned order dated 28.03.2025 has been passed directing to conduct typing test for making promotion on the post of Assistant Clerk.
8. Pt. S. Chandra has drawn attention of this Court towards Annexure No.8 of the writ petition, which is Chapter-III of the Regulations under the U.P. Intermediate Education Act, 1921 (hereinafter referred to as "the Regulations under the Act, 1921") indicating the condi
