DEVENDRA KUMAR UPADHYAYA, J. - (1.) The petitioner, who is a class-IV employee working in the office of District Agriculture Protection Officer, Sultanpur, is aggrieved by the process of selection involving typing test adopted by the respondents for the purposes of making promotion to the post of Junior Clerk/Junior Assistant which is a class-III post on the ground that typing test not being the requirement under the relevant Service Rules for promotion to class-III post of Junior Clerk/Junior Assistant, the petitioner could not have been subjected to it. The petitioner has, thus, challenged the order dated 07.02.2014 by which the promotions of respondent nos.5 to 10 were made against class-III post.
(2.) Appointments to the ministerial staff in the Department of Agriculture, State of U.P. are governed by Rules framed under Article 309 of the Constitution of India known as 'Uttar Pradesh Agriculture Department Ministerial Service Rules, 1983' (for brevity 'Rules, 1983'). Recruitment to the various categories of posts in service has been dealt with in Part-III of Rules, 1983, according to which the regional and subordinate offices have the posts of Junior Clerks, Senior Clerks and Head Clerks. According to Rule 5 of Rules, 1983, Junior Clerks are to be recruited in accordance with the provisions contained in the Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1975. The qualification prescribed for appointment as Junior Clerk has been given in Rule 8 of Rules, 1983, according to which, a candidate for direct recruitment to various posts in service should possess intermediate examination of the Board of High School and Intermediate Education, U.P or an examination equivalent thereto recognized by the Government. Subsequent to promulgation of the Rules, 1983, the State Government notified the Rules known as ' The Uttar Pradesh Subordinate Offices Ministerial Group 'C' Posts of the Lowest Grade (Recruitment by Promotion) Rules 2001 (for brevity 'Rules, 2001'). According to Rule 5 of Rules, 2001, recruitment to 20% of the vacancies in the ministerial Group-'C' posts in subordinate office are to be made by promotion through the selection committee. Out of total 20% of the vacancies to be filled in by promotion, 15% posts are to be filled in by making promotion from amongst those substantively appointed Group-'D' employees who have passed High School examination of the Board of High School and Intermediate Education, U.P or an examination equivalent thereto recognized by the State Government and rest of 5% vacancies are to be filled in by way of making promotion from amongst those substantively appointed Group-'D' employees who have passed Intermediate examination of the said Board or an examination equivalent thereto recognized by the State Government.
(3.) The claim of the petitioner for being promoted to Group-'C' post is, thus, based on the provisions contained in Rules, 2001 which prescribe quota for making recruitment to Group-'C' post from amongst substantively appointed Group-'D' employees having passed either High School or intermediate examination. The procedure for recruitment by promotion has been provided in Rule 8 of Rules, 2001 which is quoted hereinbelow:- "8. Procedure for recruitment by promotion - (1) For the purpose of recruitment by promotion, there shall be constituted a Selection Committee in accordance with the provisions of the Uttar Pradesh Constitution of Departmental Promotion Committee for posts outside the purview of the Public Service Commission Rules, 1992, as amended from time to time. Note : Nomination of Officers for giving representation to the Scheduled Castes, Scheduled Tribes and Other Backward Classes of Citizens in the Selection Committee shall be made in accordance with the order made under Section 7 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994, as amended from time to time. (2) Recruitment by promotion shall be made on the basis of merit as disclosed by marks obtained in the test for selection through the Selection Committee constituted under sub-rule (1). The test for selection shall include a simple written test, interview and evaluation of character roll. The maximum marks to be assigned for written test, interview and evaluation of character roll shall be as given below: (a) Written Test Thirty marks (b) Interview Ten marks (c) Evaluation of character roll Ten marks ------------- Total Fifty marks ------------- Note 1 - The written test shall include a single question paper. The question paper shall contain two questions. Each question shall carry fifteen marks. One question shall be on Hindi Essay writing on a simple topic and the other shall be on General Knowledge. Note 2 - Where recruitment by promotion is being made for the post of Typist or a post for which Hindi Typewriting is essential, there shall be conducted a qualifying test of Hindi Typewriting also, as prescribed by the Government from time to time. To qualify this test a candidate must have a minimum speed of twenty-five words per minute in Hindi Typewriting. (3) The Selection Committee shall conduct the test of eligible candidates under sub-rule (2). After the marks obtained by the candidates in the said test have been tabulated, the Selection committee shall, having regard to the need for securing due representation of the candidates belonging to the Scheduled Castes and Scheduled Tribes in accordance with rule 6, prepare a list of candidates in order of merit as disclosed by marks obtained by them in the said test and recommends such number of candidates by marks obtained by them in the said test and recommends such number of candidates as, on the basis of the result of the said test have come up to the standard fixed by the Selection Committee in this respect. If two or more candidates obtain equal marks the candidate obtaining higher marks in the written candidates obtain equal marks, the candidate obtaining higher marks in the written test shall be placed higher in the list. In case two or more candidates obtain equal marks in the written test also, the candidate senior in age shall be placed higher in the select list. The Selection Committee shall forward the list to the appointing authority." ;