N.N. Tiwari, J. - (1.) In this writ petition, the petitioner has prayed for quashing the letter, contained in Memo No. 7030 dated 28th December, 2006, (Annexure-18), whereby the petitioner's request for appearing in the departmental typing examination to be conducted by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, has been rejected.
(2.) It has been stated that though) the petitioner is a typist, working under the directorate and is a secretarial staff, the respondents arbitrarily rejected the petitioner's request on the ground that the petitioner is a typist of regional office. It has been stated that as far back as in the year 1989, the petitioner's services were absorbed on the post of typist in directorate by the order of the then Director, Indigenous Medicine, by Memo No. 605 dated 31st July, 1989 and since then the petitioner has been continuing as such. It has been stated that on the same ground, the candidature of Nathuni Prasad Vishwakarma and Mahanand Sharma, working as typist in the Finance Department, was rejected, but subsequently, the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, by its letter dated 4th October, 2006 had allowed the aforesaid two persons to appear in the departmental typing examination. However, the petitioner has been discriminated against and his candidature has been arbitrarily rejected.
(3.) A counter affidavit has been filed on behalf of the respondents. The factual statements almost have been admitted, except the status of the petitioner's regularisation. It has been stated that the directorate has no power to absorb or appoint any person against Class-III post. With regard to the petitioner's grievance of discrimination as against the aforesaid candidates, it has been stated that the said candidates have been continuing for a long time.;