SURYA PRAKASH KESARWANI, J. - (1.) Heard learned counsel for the petitioner and Sri Rajesh Khare, learned standing counsel for the State-respondents.
(2.) This writ petition has been filed praying to quash the order dated 19.09.2019, passed by the respondent no.2 declining to grant prior permission to fill up the post of Assistant Clerk in the petitioners' institution.
(3.) Learned counsel for the petitioners submits that there is only one sanctioned post of Assistant Clerk in the institution. The person who was posted as Assistant Clerk had retired in November 2017. A Class IV Employee, namely, Sri Ashutosh claimed promotion on the aforesaid Class III Post. He filed a Writ -A No.3331 of 2019 (Ashutosh Vs. State Of U.P. and 2 Others) which was disposed of alongwith Writ A No.26303 of 2018 (C/M Urmila Raghav Arya Kany Inter College and another Vs. State Of U.P. and 2 Others) by Order dated 14.03.2019, which is reproduced below:- "Both the writ petitions relate to promotion same on class III post, and therefore, have been heard together and are being disposed of by this common order. In Writ Petition No.26303 of 2018 an order passed by the District Inspector of Schools, Bulandshahr dated 30.10.2018 is challenged which records that since there exits only one post of Assistant Clerk in the institution, the same would have to be filled by way of promotion from the eligible senior most class IV employee. While passing the order claim of respondent no.3 has been substantially accepted, inasmuch as it is recorded that he is eligible for promotion as he has passed intermediate and also obtained 'CCC' qualification. The order impugned is assailed by the Committee of Management by relying upon Govt. Order dated 4.1.2017 to submit that there exists requirement of possessing typing speed of 25-30 words per minute in Hindi or English, as the case may be, and since respondent no.3 is not found to have such typing speed, the Inspector was not justified in holding him eligible for promotion. This argument is opposed by Sri Sankalp Narain, learned counsel for the contesting respondent, who submits that no such objection was ever raised during the course of hearing and that contesting respondent otherwise possesses requisite typing speed. It is stated that since the Committee of Management is opposing claim of contesting respondent for reasons not sustainable in law, it is only trying to invent reasons to object to the order impugned which required possessing of typing skill. Requirement of typing as per Govt. Order dated 4.1.2017 cannot be doubted. The Committee of Management, therefore, would be justified in questioning the order of the Inspector if it is found that such typing speed is not possessed by respondent no.3. In the facts and circumstances, it would therefore be appropriate to direct the District Inspector of Schools to have a type test conducted by an officer deputed by him with due intimation to the Committee of Management and respondent no.3 undertakes to compete in such test and in case he is found to qualify such typing test, the Inspector shall proceed further in terms of the order dated 30.10.2018. The required consideration would be undertaken within a period of six weeks from the date of presentation of certified copy of this order. With the aforesaid observations, the Writ Petition No.26303 of 2018 stands disposed of. The Writ Petition No.3331 of 2019 virtually seeks enforcement of the order of the Inspector dated 30.10.2018. In view of the above directions, the Writ Petition No.3331 of 2019 also stands disposed of on the same terms." ;