The Allahabad High Court has held that testing minimum eligibility condition for promotion prior to promotion to the post of Junior Assistant before written test is conducted is valid.

It held that after the enforcement of the U.P. Government Departmental Ministerial Cadre Service Rules, 2014, a minimum typing speed is an eligibility condition for promotion to the post of Junior Assistant, and the typing test may therefore be held before the written test and interview prescribed by Rule 8(2) of the U.P. Subordinate Offices Ministerial Group 'C' Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001.

Rule 8(2) of the 2001 Rules provides that recruitment by promotion shall be made on merit as disclosed by marks obtained in a selection test comprising a written test of thirty marks, an interview of ten marks and evaluation of the character roll of ten marks. Note 2 to the rule provides that where promotion is being made to the post of Typist or to a post for which Hindi typewriting is essential, a qualifying test of Hindi typewriting shall also be held, and a candidate must obtain a minimum speed of twenty-five words per minute to clear it.

Rule 10 of the 2014 Rules prescribes, for the post of Junior Assistant, a minimum speed of 25 words per minute in Hindi and 30 words per minute in English typewriting along with knowledge of computer as the essential qualification.

Justice Anish Kumar Gupta held,

“Therefore, this Court do not find any illegality in the procedure adopted by the respondents in the promotion of the petitioners as well as the respondents and there is no illegality in first assessing the eligibility of the candidates, which is the minimum eligibility qualification for promotion and then to conduct the written test and interview for the purpose of final selection as in terms of Rule 8(2) of 2001 Rules.”

The petitioners are confirmed employees holding class-IV posts in the office of the Collectorate, Gorakhpur. On 3.8.2017, the Principal Secretary issued a circular for filling up the post of Junior Assistant, and the petitioners, being eligible, applied. By an order dated 08.12.2017, the respondents directed a typing test to be held on 17.12.2017. The petitioners appeared in it but could not obtain the minimum speed of 25 words per minute and were not selected.

They approached the High Court in 2018. During the pendency of the petition, respondents no. 5, 6, 7 and 8, who had cleared the typing test, were promoted, and the petitioners amended the petition to challenge those promotions. Of the eight petitioners, three retired on attaining the age of superannuation while the matter was pending and one was promoted to the post of Junior Assistant; the petition was dismissed as infructuous to that extent and survived for the remaining four.

Counsel for the petitioners submitted that a typing test could be held only for selection or promotion to a post for which typing was a necessary qualification. It was argued that the respondents had reversed the sequence laid down in the 2001 Rules by holding the typing test first and, upon the petitioners failing it, denying them the opportunity of appearing in the written test and interview.

The Court observed that Note 2 of Rule 8(2) operates wherever a post requires typing knowledge, while Rule 10 of the 2014 Rules makes the prescribed speeds essential for the post of Junior Assistant.

“Thus, the typing speed from the cumulative reading of both the aforesaid provisions of 2001 Rules as well as 2014 Rules, in the considered opinion of this Court, the minimum eligibility condition for the promotion to the post of Junior Assistant is the knowledge of typing, which is to be assessed to the the minimum speed of 25 words in Hindi and 30 words per minute in English and rest of the procedure is to be followed by the minimum typing speed as provided herein above becomes the eligibility condition for promotion in terms of 2014 Rules as well as 2001 Rules.”

Accordingly, the writ petition was dismissed.

Case Title: Ashok Kumar And 7 Ors. v. State Of U.P. Thru. Prin. Secy. Karmik Anubhag And 3 Ors.

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