Veerender Singh Siradhana, J. - (1.) THE petitioner having been declared successful in the recruitment process vide order dated 31st January, 1997, along with other successful candidates was not accorded appointment as Stenographer, and therefore, has instituted the instant writ proceedings, praying for the following relief(s): "i) issue an appropriate writ, order or direction in the nature thereof and thereby quash and set aside the Notification dated 1/06/98 (Annexure -7); ii) issue an appropriate writ, order or direction in the nature thereof and thereby direct the Respondents that since the petitioner has been selected as Stenographer which is apparent from letter dated 31/01/97 (Annexure -4) he be given appointment as Stenographer forthwith; iii) issue any other appropriate order or direction which the Hon'ble Court deems just and proper and cost of the writ petition be also awarded."
(2.) BRIEFLY , the indispensable skeletal material facts necessary for appreciation of the controversy raised needs to be first noticed. "(a) Initially, the petitioner was appointed as Typist (English) in the year 1984 in the pay scale of Rs. 257 -352. It is pleaded case of the petitioner that he was granted allowance of Rs. 100 per month for the period he worked as Steno -Typist, as would be evident from the order dated 15th November, 1989. Posting orders were issued on 14th October, 1996 in view of promotion accorded to the petitioner along with others on the post of UDC/Assistance in view of the order dated 3rd October, 1996. (b) It is further pleaded that in response to advertisement dated 30th October, 1996, inviting application forms from the eligible candidates for appointment for the post of Stenographer in the pay scale of 1400 -2600; submitted his application for consideration of his candidature and participated in the Stenography Test conducted on 16th January, 1997. The result of the Stenography Test was declared on 31st January, 1997, wherein the name of the petitioner appeared at serial No. 3. One Shri Arun Chaturvedi, who was also declared successful in Stenography Test (Hindi) along with the petitioner, was accorded posting vide order dated 27th June, 1997 (Annexure -5) whereas the petitioner was deprived of appointment and posting orders in spite of the fact that he was declared successful in the Stenography Test." In response to the notice of the writ application, the respondents have filed their counter affidavit, stating that applications were invited from in service candidates working in the Company on different posts, for the purpose of direct recruitment through selection for the post of Stenographer. The minimum required qualifications were detailed out in the advertisement itself. The petitioner participated in the recruitment process for the post of Stenographer as an in service candidate. Since the petitioner failed to obtain the required minimum speed of 80 w.p.m. in the Short -hand Test as well as the Typing speed, and therefore, failed to qualify the examination for the purpose of appointment by direct recruitment as an in service candidate to the post of Stenographer.
(3.) THE minimum required speed in Short -hand (English) is 100 w.p.m., which the petitioner failed to acquire. Shri Arun Chaturvedi, who participated in the selection process for appointment by way of direct recruitment, as an in service candidate, for the post of Stenographer qualified the Test and passed the Short -hand Test as well, and therefore, he was accorded appointment whereas the petitioner failed to qualify the test.;