- (1.) Banaras Hindu University, Varanasi as well as Shri Sarvjit Singh and others alongwith Ram Kishore Pandey and others are before this Court, assailing the validity of the judgement and order dated 26.08.2011 (Sri Krishna Rai and others Versus Banas Hindu University and others) wherein writ petition in question has been allowed and impugned orders dated 05.06.2007 and 02.07.2007 alongwith appointment of respondent nos. 3 to 16 on the post of Junior Clerk have been quashed.
(2.) Brief background of the case is that petitioners/opposite party were appointed on different dates between 1977 to 1997 and they have been performing and discharging their duty as permanent Class IV employee at Banaras Hindu University, Varanasi. Petitioners/opposite party claim that they were eligible for being promoted on the post of Junior Clerk under 25% promotion quota. In this direction notification/advertisement was issued on 17.12.2005 inviting application form Class IV permanent employees for appointment as Junior Clerk under 25% promotion quota in the pay scale of Rs. 3050-4590. The eligibility prescribed in the said notification reads as under: "Eligibility: All Class- IV employees, who have put in five years services and who have passed matriculation examination or equivalent will be eligible for appointment as Junior Clerk under 25% promotion quota. Such eligible candidates will be tested in: A typing test in English/Hind for a minimum of 30 words per minutes; and after qualifying in the test. Note: If an employee does not pass the typing test and is otherwise eligible for promotion he/she be promoted subject to the condition that he/she passes the typing test within two years from the date of his/her promotion failing which he/she will be reverted. Provided further that for such employees, typing test be held at least twice a year. Two papers of simple English,Hindi and Arithmetic of one hour duration."
(3.) This much is also reflected from the record that Banaras Hindu University, Varanasi in its turn resolved to hold a computer typing test on 20.04.2006, then at the said juncture representation was made by the petitioners/opposite party and accordingly said typing test was deferred under covering letter dated 19.04.2006 and then communication dated 04.05.2006 was sent informing therein that final merit list shall be based on the marks obtained in typing test, written test and interview. It was also mentioned therein that incumbents may give their typing test either on computer or on manual typewriter having option and the date of typing test fixed on 16.05.2006. This much is also reflected from the record that thereafter typing test and interview was also held and result has been declared wherein 14 persons have been promoted on the post of Junior Clerk from Class IV post vide appointment letters dated 05.06.2007. Said promotion has been subjected to challenge before this Court and therein after exchange of pleadings by way of counter and rejoinder affidavits, writ petition in question has been allowed and same has impelled the Banaras Hindu University, Varanasi as well as incumbents who have been accorded promotion in the past are before this Court by preferring respective Special Appeal. All the Special Appeal, as common common question of law and fact has been raised, with the consent of parties are taken together.;