S.S. Sodhi, C.J. and G.P. Mathur, J. - (1.) THE challenge here is to the requirement of attaining the prescribed speed in typing as a pre -condition to confirmation in service. It arises in the context of the termination of the services of the appellants consequent upon their failure to attain this speed. Ved Prakash Sagar and the other appellants had been appointed as clerks in the U.P. Financial Corporation in pursuance of an advertisement , where one of the essential qualifications was a typing speed of 25 words per minute. It was on fulfilling this and the other prescribed conditions that they were appointed on October, 28, 1989.
(2.) ACCORDING to the letter of appointment, the appellants were put on probation for a period of six months, with the condition that their confirmation in service shall be subject to their attaining a speed of 40 words per minute in typing in English. This is what the appellants failed to achieve, not only during their initial six months' appointment but also during the three subsequent such appointments too. As a consequence, their services came to be terminated on November 20, 1991. The condition regarding the prescribed typing speed for confirmation in service, was sought to be challenged on the ground that this was not one laid down in the relevant Regulations. It was thus argued that it could not therefore be imposed. Counsel emphasised, in this behalf, that the advertisement for the post required a typing speed of only 25 words per minute and, therefore, the speed of 40 words per minute was contrary to law. Support for the proposition canvassed was sought from the judgment of the Supreme Court in Dr. Vinay Rampal v. The State of Jammu and Kashmir and others : (1984) U.P.L.B.E.C. 137. The matter there concerned admission to a Post -graduate course for the M.D. Degree from the Medical College. The petitioner fulfilled the requisite conditions for admission as set forth in the advertisement but admission was denied to him on the basis of a Government Order to which no reference had been made in the advertisement . The Court held that eligibility for admission had to be judged on the basis of the qualifications in the advertisement and not the Government Order.
(3.) REFERENCE was next made to Dr. Leena Khare v. U.P. Higher Education Service Commission and others : (1990) 2 U.P.L.B.E.C. 919 where the point for consideration was whether the selection of teachers was to be made on the basis of the advertisement issued three years ago or as per the qualifications for the post statutorily amended relaxing certain essential qualifications a few months prior to the issuance of the interview letters. It was held that the selection had to be made on the basis of the advertisement.;