Sunita Agarwal, J. - (1.) The prayer in the present writ petition is to issue a mandamus commanding respondents to take a decision on the application of the petitioner considering his candidature for appointment as Junior Clerk on the basis of written examination without insisting him to participate in the typing test. The petitioners being fully eligible have appeared in the test for recruitment/selection to the Group C post and according to the provisions of the U.P. Sub-ordinate Offices Ministerial Group 'C' Post of the Lowest Grade (Recruitment by Promotion) Rules, 2001 (hereinafter referred to as 'the Recruitment Rules, 2001'). As per the Rules 8(2) of the Rules, for the purpose of recruitment by promotion, the consideration is made by a Selection Committee constituted under Sub-Rule (1) of Rule 8 of the Recruitment Rules, 2001. The written test is having 30 marks, interview 10 marks and evaluation of character roll 10 marks (total 50 marks). Note-2 of Sub-Rule (2) of Rule 8 of the Recruitment Rules, 2001 states that where the recruitment by promotion is made for the post of Typist or a post for which Hindi Typing is essential, the qualifying test of Hindi Type writing shall also be conducted by the Government from time to time. The minimum qualifying speed for such test is '25 words per minute'.
(2.) It is contended by the petitioners that the petitioners with 10 other persons had appeared in the written examination which was held on 22.6.2016. However, the respondents issued a direction vide letter dated 23.6.2016 to the petitioners and other candidates to appear in typing test for the purpose of promotion. An application was moved by the petitioners on 25.6.2016 requesting the respondents not to hold the typing test as it is not required for promotion to Group 'C' posts namely the post of Clerk, however, to no avail and hence this writ petition.
(3.) The contention of learned counsel for the petitioners is that the petitioners are fully eligible as per the Rules for promotion and looking to the requirement of the Rules, the result of the candidates who had appeared in the written test and interview has to be calculated out of the total 50 marks which are distributed for written test, interview & evaluation of character roll. The type test is not required for the post of Clerk as is clear from Note-2 appended to Sub-Rule (2) of Rule 8 of 'the Recruitment Rules, 2001'.;