- (1.) Heard learned counsel for the petitioners-appellants and learned Standing Counsel representing the State opposite parties.
(2.) The petitioners-appellants, who are working against Group D posts in the Medical and Health Services department has filed this intra court appeal, under Chapter VIII Rule 5 of the High Court Rules, assailing the validity of the judgment and order dated 17.4.2017 passed by the learned Single Judge in Writ Petition (S/S) No. 8169 of 2017 whereby the writ petition filed by the petitioner-appellants has been dismissed by the learned Single Judge.
(3.) The learned Single Judge while passing the impugned judgment and order dated 17.4.2017 has negatived the submissions made on behalf of petitioners appellants that in terms of requisite service rules, namely the U.P. Government Department Ministerial Cadre Service Rules, 2014 (hereinafter referred to as '2014 Rules') read with the U.P. Subordinate Offices Ministerial Group C posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 (hereinafter referred to as '2001 Rules'), the petitioners appellants could not be subjected to typing test as there is no such requirement under the aforesaid rules. Learned Single Judge while considering the claim of petitioner-appellants rejected the same by placing reliance on 2001 Rules read with the U.P. Medical Health and Family Welfare Department (Subordinate Officials) Clerical Cadre Rules, 1994 (hereinafter referred to as '1994 Rules').;