S. N. BHARGAVA, J. - (1.) THE writ petition has been filed by the Malviya Regional Engineering College Non-teaching Staff Association (here in after referred to as the ''association') exposing the cause of its members, particularly S/shri Babu Lal Sharma, B. R. Mishra and K. B. Mathur who are confirmed Lower Division Clerks in the Malviya Regional Engineering College (here in after referred to as the "college') and have been recommended by the Departmental Promotion Committee for promotion to the post of Upper Division Clerk. In the order (Annexure-l) promoting these persons on the post of UDC on probation for one year, it was also provided that they will be required to pass a departmental examination for confirmation which will be held within next six months. If any of the above candidates failed in this departmental examination he will not be confirmed till he passes any such examination before expiry of his period of probation. Even if any one fails in the second examination, he will be reverted to his original post of Lower Division Clerk. THE present writ petition has been directed against imposing these restrictions/conditions in the order (Annexure-l ).
(2.) A show cause notice was issued and the respondent has filed reply to the writ petition. It has been submitted in the reply that these three persons were recommended by the DPC for appointment as Upper Division Clerk on humanitarian considerations since the DPC was of the opinion that all these three candidates were not upto the mark in the ordinary course but because they had been officiating as UDC for the last 8-10 years, it would not be proper to demote them and promote other persons as UDCs. Therefore, these restrictions were imposed Conditions of service have been provided in the Malviya Regional Engineering College (Administrative & Ministerial Staff) Rules, 1969. Part IV of the Rules of 1969 deals with procedure of recruitment and promotion and Rule 20 thereof prescribes the eligibility and criteria for selection, whereas Rule 24 deals with the probation and Rule 26 is regarding confirmation. These Rules nowhere provide for imposing such conditions by the Departmental Promotion Committee. Learned counsel for the respondent has placed reliance on Usmania University Teachers Association vs. The State of AP (1) whereas learned counsel for the petitioner has placed reliance on P. K. Ramchandra Iyer vs. Union of India (2 ). We have given our thoughtful consideration to the whole matter. In our opinion this writ petition deserves to be allowed. The restrictions/conditions imposed in the order (Annexure-l) promoting Sarve Shri Babulal Sharma, B. R. Mishra and KB. Mathur as UDCs on probation for a period of one year are not called for and are not authorised by the Rules. Therefore, these restrictions conditions are struck down. It will be open to the respondent to consider the matter of promotion on the posts of UDCs de novo, and if the respondent feels that these conditions are necessary, it can very well amend the Service Rules governing the conditions of service and thereafter only, it can put such restrictions. The writ petition is allowed in the above terms, with no order as to costs. . ;