B.L. Yadav, J. - (1.) By the present petition under Article 226 of the Constitution of India, the petitioner has prayed for a writ of mandamus directing the respondents to issue an appointment letter to the petitioner in respect of the examination held on 29-12-1986 followed by the interview for the post of Stenographer in the office of respondent No. 2, namely, the Joint Director of Industries, Jhansi Division, Jhansi.
(2.) The facts of the case are almost admitted. The examination for the post of 5 vacancies of Stenographers in the office of respondent No. 2 was held on 29-12-1986. The petitioner appeared as a Scheduled Caste candidate for one of the said vacancies and secured highest marks amongst the Scheduled Caste candidates. But the appointment letter is not being issued inspite of the order and direction of the Director/Joint Director dated 6-5-1987 (Annexure-4 to the petition), which made a reference to the G.O. No. 15/73 (2), dated 1-5-1976 providing that in the matters of appointment of Scheduled Caste and Scheduled Tribe candidates to fill up the reserved vacancies, in case they do not come to the average standard, in that event the average standard has to be relaxed and the appointment ought to be made, so that reserved quota might be filled up. After the appointment they can be given training to come up to the standard and they shall be governed by the relevant rules. It is better to quote that portion (In Annexure 2, Paras 2 and 3) in verbatum as follows : ...[VERNACULAR TEXT OMITTED]...
(3.) A counter affidavit has been filed on behalf of the respondents and in para 7 and other paragraphs it has been indicated that the candidates were not having requisite qualifications in typing and shorthand as per the norms prescribed by the Government order, hence no appointment could be made.;