# C/M Kisan Intermediate College Jaunpur & Anr v. State of U.P. & Ors - **Citation:** (2020) 2 ILRA 1665 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2019-11-26 - **Case number:** Writ A No. 17980 of 2019 - **Bench:** Prakash Padia - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/c-m-kisan-intermediate-college-jaunpur-anr-v-state-of-u-p-ors-45204 - **Pages:** 10 ## Headnote C.S.C., Sri Rakesh Kumar A. Service Law - Promotion - Constitution of India - Article 226 - Maintainability - U.P. Intermediate Act, 1921 - U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1972 - typing test/speed prescribed under the Government Orders - specific findings recorded by the respondent No.3/District Inspector of Schools - respondent No.5 is having 26.8 words per minute typing speed in Hindi which is requisite typing speed as per Government Orders - respondent No.5 is also having a valid "CCC" Certificate duly issued in his favour - no illegality in the order passed by respondent No.3.(Para 11) The petitioner challenged the order passed by respondent No.3/District Inspectorof Schools - one post of Assistant Clerk and four posts of Class IV employees were sanctioned by the State Government - requisite qualification for promotion from Class IV post to Class III posts is mentioned in the Government Orders - first requisite qualification for promotion - typing test/speed between 25 to 30 words per minute either in Hindi or in English and not in both the languages - second requisite qualification for promotion - having certificate of CCC certificate issued by the DOEACC.(Para 2,3,10) Held:- The order passed by the District Inspectorof Schools dated 19.10.2019 is absolutely just and proper and does not call for any interference by this Court specially under Article 226 of the Constitution of India. (Para 12) Writ Petition dismissed. (E-7) List of cases cited:- Sudhanshu Tyagi Vs. State Of U.P. And 4 Others , Writ A No.23580 of 2018 ## Text 2 All. C/M Kisan Intermediate College Jaunpur & Anr. Vs. State of U.P. & Ors. 1665 कोई तथ्यात्मक या वैधानिक त्रुटि िह ीं है। अतः यह याचिका बलह ि होिे के कारण निरस्त होिे योग्य है अतः निरस्त की जाती है। 27. व्यय पर कोई आदेश पाररत िह ीं ककया जा रहा है। ---------- (2020)02ILR A1665 ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 26.11.2019 BEFORE THE HON'BLE PRAKASH PADIA, J. Writ A No. 17980 of 2019 C/M Kisan Intermediate College Jaunpur & Anr. ...Petitioners Versus State of U.P. & Ors. ...Respondents Counsel for the Petitioners: Sri Jitendra Kumar Srivastava Counsel for the Respondents: C.S.C., Sri Rakesh Kumar A. Service Law - Promotion - Constitution of India - Article 226 - Maintainability - U.P. Intermediate Act, 1921 - U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1972 - typing test/speed prescribed under the Government Orders - specific findings recorded by the respondent No.3/District Inspector of Schools - respondent No.5 is having 26.8 words per minute typing speed in Hindi which is requisite typing speed as per Government Orders - respondent No.5 is also having a valid "CCC" Certificate duly issued in his favour - no illegality in the order passed by respondent No.3.(Para 11) The petitioner challenged the order passed by respondent No.3/District Inspectorof Schools - one post of Assistant Clerk and four posts of Class IV employees were sanctioned by the State Government - requisite qualification for promotion from Class IV post to Class III posts is mentioned in the Government Orders - first requisite qualification for promotion - typing test/speed between 25 to 30 words per minute either in Hindi or in English and not in both the languages - second requisite qualification for promotion - having certificate of CCC certificate issued by the DOEACC.(Para 2,3,10) Held:- The order passed by the District Inspectorof Schools dated 19.10.2019 is absolutely just and proper and does not call for any interference by this Court specially under Article 226 of the Constitution of India. (Para 12) Writ Petition dismissed. (E-7) List of cases cited:- Sudhanshu Tyagi Vs. State Of U.P. And 4 Others , Writ A No.23580 of 2018 (Delivered by Hon'ble Prakash Padia, J.) 1. Heard Sri J.K. Srivastava, learned counsel for the petitioners. Learned Standing Counsel accepted notice on behalf of respondent Nos. 1 to 4 and Sri Rakesh Kumar, learned counsel accepted notice on behalf of respondent No. 5. 2. The petitioner has preferred the present writ petition challenging the order dated 19.10.2019 passed by respondent No.3/District Inspectorof Schools Jaunpur, copy of which is appended as Annexure No.14 to the writ petition. 3. Facts in brief as contained in the writ petition are that the Institution in question namely Kisan Intermediate College, Ajosi, District Jaunpur is a recognized and aided Institution up to High School Level. The same is governed 1666 INDIAN LAW REPORTS ALLAHABAD SERIES under the provisions of U.P. Intermediate Act, 1921. All the teachers and employees of the Institution in question are getting their salary thorough State Exchequer as per the provisions of U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1972 (hereinafter referred to as "the Act, 1972"). In the Institution in question, apart from the posts of Head Master and teachers, one post of Assistant Clerk and four posts of Class IV employees were sanctioned by the State Government. One Sri Ram Singh who was working as Assistant Clerk was retired on 28.02.2018. In order fill up the aforesaid post, proceedings were initiated. By the order dated 17.4.2019 passed by respondent No.3, the respondent No.5 namely Santosh Kumar Yadav was promoted on the post of Assistant Clerk. The aforesaid order was subject matter of Writ A No.7233 of 2019 (C/M Kisan Intermediate College, Jaunpur, And Another Vs. State Of U.P. And 4 Others) filed by the present petitioners. The aforesaid writ petition was finally disposed of by judgement and order dated 9.5.2019. The order dated 9.5.2019 is reproduced below:- "Heard Sri J.K. Srivastava, counsel for the petitioners, learned standing counsel for respondent Nos. 1 to 4 and Sri Vimal Kumar holding brief of Sri Vidya Dhar Yadav for respondent No. 5. With their consent, the instant petition is being decided finally, without inviting a formal counter affidavit. The petitioner Committee of Management of Kisan Intermediate College, Jaunpur has filed the instant petition assailing the correctness of the order dated 15/17.4.2019 passed by District Inspector of Schools, Jaunpur, the third respondent whereby, the representation of respondent No. 5 dated 8.1.2019 has been accepted and a direction has been issued to promote him on the vacant post of Assistant Clerk in the Institution. The order records that the only post of Assistant Clerk in the Institution had fallen vacant consequent to retirement of Ram Ashish Yadav on 28.2.2018. The respondent No. 5 is the senior most class IV employee having requisite qualification for Class III post. Accordingly, he has been directed to be promoted, having regard to Regulation 2(2) of Chapter 3 of the Regulations framed under the U.P. Intermediate Education Act, 1921. Learned counsel for the petitioners submitted that the petitioners in their application dated 3.4.2019, specifically pointed out that respondent No. 5 does not possess CCC Certificate, nor is having knowledge of typing, as mandatorily required under Government Orders dated 23.8.2016 and 4.1.2017. He further submitted that the validity of these Government Orders has been upheld by this Court in its judgment dated 22.11.2018 in Writ A No. 23580 of 2018. Learned counsel for respondent No. 5 submitted that respondent No. 5 possesses CCC Certificate. He further submitted that he also has knowledge of typing. However, he admits that typing test has not been held so far. Learned standing counsel appearing on behalf of State respondents points out that as per Government Order dated 23.8.2016 and 4.1.2017, the employee seeking promotion should have a typing speed of 25/30 words in Hindi/English, apart from having qualification of Intermediate and CCC Certificate. It being not in dispute between the parties that before promotion could be granted, it has to be ascertained whether 2 All. C/M Kisan Intermediate College Jaunpur & Anr. Vs. State of U.P. & Ors. 1667 the employee has typing speed as prescribed under Government Orders dated 23.8.2016 and 4.1.2017, but which has not been done in the instant case, consequently, the impugned order cannot be sustained and is hereby quashed. The petition is disposed of with direction to Management and District Inspector of Schools to get typing test conducted and also ascertain whether respondent No. 5 possesses a valid CCC Certificate, and thereafter pass a fresh order in accordance with law." 4. Pursuant to the aforesaid order, the proceedings were initiated by the respondent No.3 to conduct the typing test of the respondent No.5. It appears from perusal of record that the respondent No.3 wrote a letter to the petitioners on 2.8.2019 directing them to ensure their presence on 12.8.2019 so that the typing test of respondent No.5 be conducted in their presence. It is argued that in spite of the same, nobody was put their appearance in the office of respondent No.3 on the date fixed in the matter. In the circumstances, a decision was taken by the respondent No.3 to conduct typing test of respondent No.5 through one Sri Ramesh Yadav, Incharge Head Master, Government Ucchatar Madhayamic Vidhayalaya, District Jaunpur. The typing test of respondent No.5 was conducted on 10.10.2019. Thereafter the order impugned has been passed by respondent No.3 on 19.10.2019 stating therein that since the respondent No.5 has already passed his typing test, he is entitled for his promotion. The order dated 19.10.2019 passed by respondent No.3 is under challenged in the present writ petition. 5. It is argued by learned counsel for the petitioners that the order dated 19.10.2019 passed by respondent No.3 is wholly illegal order and was passed contrary to the Government Orders dated 23.08.2016 and 4.10.2017. It is further argued that respondent No.3 has conducted typing test of the respondent No.5 in a very arbitrary manner and typing test was conducted on a type writer supplied by the respondent No.3. It is further argued that only Hindi typing test was conducted although Hindi and English both typing tests are required. It is further argued that at no point of time "CCC" Certificate was made available by the respondent No.5 to the petitioners and as such the findings recorded by the respondent No.3 that the respondent No.5 is having CCC certificate is absolutely wrong. Counsel for the petitioners also relied upon a co-ordinate Bench of this Court in Writ A No.23580 of 2018 (Sudhanshu Tyagi Vs. State Of U.P. And 4 Others), copy of which is appended as Annexure 15 to the writ petition. In view of the aforesaid, it is argued that the order passed by respondent No.3 is liable to be quashed. 6. To the contrary, it is argued by Sri Rakesh Kumar learned counsel appearing on behalf of respondent No.5 that the order impugned passed by respondent No.3 dated 19.10.2019 is absolutely perfect order and the same has been passed in accordance with the provisions contained in the Government Order 23.8.2016 and 4.1.2017. It is further argued by Sri Rakesh Kumar learned counsel for respondent No.5 that vide the aforesaid Government Orders, the requirement is possessing CCC certificate from DOEACC Society and also knowledge of Hindi/ English Tying with speed of minimum 25 to 30 words per minute has been made essential for promotion. The respondent No.5 is having sufficient 1668 INDIAN LAW REPORTS ALLAHABAD SERIES typing speed 26.8 words per minute in Hindi and also having a valid "CCC" Certificate. The Government Orders dated 23.8.2016 and 4.1.2017 are extracted hereinafter:- ^^izs"kd] ftrsUnz dqekj izeq[k lfpo mRrj izns'k 'kkluA lsok esa 1- f'k{kk funs'kd Â1⁄4ek0Â1⁄2 2- foRr fu;U=d] m0iz0 लिनऊ @bykgkcknA f'k{kk funs'kky;] m0iz0 bykgkcknA f'k{kk 1⁄481⁄2 vuqHkkx लिनऊ% fnukad] 23 vxLr] 2016 fo"k;& osru lfefr 1⁄420081⁄2 ds 11osa izfrosnu ds ek/;e ls v'kkldh; lgk;rk izkIr ek/;fed fo|ky;ksa ds f'k{k.ksRrj deZpkfj;ksa 1⁄4fyfid laoxZ1⁄2 ds osru iqujh{k.k ds laca/k esaA egksn;] 1& mi;qZDr fo"k;d f'k{kk funs'kd 1⁄4ek01⁄2] m0iz0 ds i=kad&f'kfoj@19878@2015&16] fnukad 28 ekpZ] 2016 ds dze esa iwoZ fuxZRk 'kklukns'k la[;k 1468@15&8&2015&3011@2009 Vh0lh0 fnukad 03 uoEcj] 2015 dks fujLr djrs gq, eq>s ;g dgus dk funs'k gqvk gS fd osru lfefr 1⁄420081⁄2 ds X;kjgosa izfrosnu ds ek/;e ls lgk;rk izkIr f'k{k.k laLFkkvksa] izkfof/kd f'k{k.k laLFkkvksa ds f'k{ks.ksRrj dEkZpkfj;ksa lkekU; laoxZ rFkk vU; laoXkZ ds laca/k esa dh x;h laLrqfr;ksa ds dze esa foRr foHkkx }kjk fuxZr 'kklukns'k la0&ols0vk0&2&665Â1⁄4111⁄2@nl&54Â1⁄4,e1⁄2@20 08 Vh0lh0 fnukad 26-09-2013 }kjk fyfidh; laoxZ ds izFke Lrj dk inuke jktdh; foHkkxksa dh Hkkafr dfUk"B lgk;d djrs gq, osru cS.M&1 #i;s 5200&20200 ,oa xzsM osru :i;s 2000 rRdky izHkko ls vuqeU; fd;k tk;A blh izdkj fyfidh; laoxZ ds f}fr; Lrj dk inuke jktdh; foHkkxksa dh Hkkafr ofj"B lgk;d djrs gq, osru cS.M&1 :i;s 5200&20200 ,oa xzsM osru :i;s 2800 rRdky izHkko ls vuqeU; fd;k tk;A 2& mDr fu.kZ;kuqlkj foHkkx ds fyfidh; laoxZ dk iquxBZu djrs gq, fyfidh; laoxZ ds izFke Lrj ls in dk inuke dfUk"B lgk;d djrs gq, osru cS.M&1 :i;s 5200&20200 ,oa xzsM osru :0 2000@&rFkk fyfidh; laoxZ ds f}rh; Lrj ds in dk inuke ofj"B lgk;rk djrs gq, osru cS.M&1 :i;s 5200&20200 ,oa xzsM osru :0 2800@& fnukad 26 flrEcj] 2013 ls bl izfrcU/k ds v/khu vuqeU; fd;k tkrk gS fd bu inksa ij vgZrk@HkrhZ dh fof/k fuEu rkfydk ds vuqlkj fu/kkZfjr dh tk;sxhA dz0 l0 orZeku 1 2 3 4 5 6 7 inuke osru cS.M ,oa xzsM osru 1⁄4:01⁄2 HkrhZ dh fof/k inuk e osru cS.M ,oa xzsM osru 1⁄4:01⁄2 HkrhZ dh fof/k 1 UkSfR;d fyfid @df.kZ d 950&15 00& 5200&2 020 0 ,oa xzsM osru :0 1900@ & 'kSf{k d vgZrk & b.Vj ehfM, V f'k{kk vf/kf u;e] 1921 dh /kkjk 16 Â1⁄4N1⁄2 fofu; e 21⁄411⁄2 ds vUrxZ r fdlh LkLaFkk esa fu;qfD r gsrq fyfi d dh U;wur e 'kSf{k d vgZRkk dfu" B lgk; d 5200& 20200 ,oa xzsM osru :0 2000@ & 80 izfr'kr lh/kh HkrhZ }kjkA vgZrk b.Vjehf M,V ds lkFk&lk Fk dEI;wVj lapkyu dk ^Mks;d^ lkslkbVh }kjk iznRr lh0lh0 lh0^ izek.k i= rFkk fgUnh@ vaxzsth esa de ls de 25@30 'kCn izfr feuV dh Vad.k xfrA 15 2 All. C/M Kisan Intermediate College Jaunpur & Anr. Vs. State of U.P. & Ors. 1669 ogh gksxh tks jktd h; mPpr j ek/;f ed fo|k y;ksa ds led {kh; dEkZpk fj;ksa ds fy, le; ij fu/kkZf jr dh xbZ gSA HkrhZ dh fof/k& b.Vj ehfM, V f'k{kk vf/kf u;e 1921 ds v/;k ; 3 fofu; e 101 esa f'k{ks.k Rrj inksa dh HkrhZ fo"k; d O;oLF kk gS ftl ds vuqlk j fu;qfD r izkf/k dkjh fujh{k d ds iwokZuq eksnu ds flok; fdlh ekU;r izfr'kr prqFkZ Js.kh ds ,sls dkfEkZdksa ls inksUufr }kjk tks gkbZLdwy gks rFkk Vad.k Kku j[krs gksA 05 izfr'kr in pqrFkZ Js.kh ds ,sls dfeZdksa ls inksUufr }kjk tks b.Vjehf M,V gks rFkk Vad.k Kku j[krs gksA k izkIr lgk; rk izkIr lLaFkk ds f'k{ks.k Rrj LVkQ esa fdlh fjfDr dks ugha Hkjsxk A b.Vj Lrjh; fo|k y; esa fyfi d ds l`ftr inksa ds lkis{k 50 izfr'k r prqFkZ Js.kh vgZ deZpk jh dh inksUu fr djds fyfi d ds inksa dks Hkjs tkus dh O;oLF kk gSA fVIi.k h& 50 izfr'k r inksa dh lxa.k uk djus esa vk/ks ls de Hkkx dks NksM fn;k tk;sx k vkSj vk/ks ;k 1670 INDIAN LAW REPORTS ALLAHABAD SERIES vk/ks ls vf/kd Hkkx dks ,d le{kk tk;sx kA 'kklu kns'k fnuka d 20111976 }kjk fu/kkZf jr s ;g dgus dk funs'k gqvk gS fd osru lfefr 1⁄420081⁄2 ds X;kjgosa izfrosnu ds ek/;e ls v'kkldh; lgk;rk izkIr ek/;fed fo|ky;ksa ds f'k{k.ksRrj deZpkfj;ksa ds laca/k esa 'kklukns'k la[;k& 1067@15&8&2016&3011@2009 Vh0 lh0 fnukad 23 vxLr 2016 ds izLrj&2 dh rkfydk ds LrEHk&7 esa HkrhZ dh fof/k dh orZeku O;oLFkk ds Lfkku ij fuEufyf[kr O;oLFkk fd, tkus dh Jh jkT;iky lg"kZ Lohd`fr iznku djrs gS%& 1⁄411⁄2 vgZrk 50 izfr'kr lh/kh HkrhZ }kjk b.VjehfM,V ds lkFk&lkFk dEI;wVj lapkyu dk ^Mks;d^ lkslkbVh }kjk iznRr ^lh0lh0lh0^ izek.k i= rFkk fgUnh@vaxzsth esa de ls de 25@30 'kCn izfr feuV dh Vad.k xfrA 1⁄421⁄2 izfr'kr prqFkZ Js.kh ds ,sls in/kkjksa ls inksUufr }kjk tks lh/kh HkrhZ dh vgZrk j[krs gks vkSj 05 o"kZ dh ekSfyd lsok iw.kZ dj pqdsa gks vkSj mudk lsok vfHkys[k vPNk gksA 2& mRRkj izns'k v'kkldh; lgk;rk izkIr ek/;fed fo|ky;ksa esa dfu"B lgk;d ds inksa ij prqFkZ Js.kh ds inksa ij lh/kh HkrhZ@inksUufr ds laca/k esa 'kklukns'k la[;k&1067@15&8&2016&3011@2009 Vh0 lh0 fnukad 23 vxLr] 2016 esa dh x;h O;oLFkk dks mDr lhek rd la'kksf/kr ,oa vodzfer le>k tk;A 5& ;g vkns'k foRr foHkkx ds v'kkldh; la[;k cs0vk0&2&2928@nl&2016 fnukad 04 tuojh] 2017 esa izkIr mudh lgefr ls fuxZr fd, tk jgs gSA Hkonh; g0vi0 1⁄4ftrsUnz dqekj1⁄2 izeq[k lfpo** 7. In this view of the matter, it is argued that as per the aforesaid 1672 INDIAN LAW REPORTS ALLAHABAD SERIES Government orders, typing test/speed is required either in Hindi or in English and not in both the languages. It is further argued that in the earlier writ petition filed by the petitioners, the directions were given to the respondent No.3 to ascertain whether the respondent No.5 is having typing speed as prescribed under the Government Orders dated 23.08.2016 and 4.1.2017 and whether the respondent No.5 is having a valid "CCC" Certificate. The directions issued by this court in the earlier writ petition filed by the petitioners, were fully complied with by the respondent No.3 by conducting typing test of the respondent No.5. Finding were further recorded by the respondent No.3 in the impugned order that respondent No.5 is having a valid "CCC" Certificate. Apart from the same, original "CCC" certificate has been produced by the counsel for respondent No.5 before the Court. From perusal of the same, it is clear that the respondent No.5 is having a certificate of Computer Concept Course (CCC) issued by National Institute of Electronics and Information Technology (NIELIT). One photocopy of the same is provided to the counsel for the petitioners and one photocopy of the same also taken on record. From perusal of the same, it is clear that the respondent No.5 is having valid "CCC" Certificate duly issued by National Institute of Electronics and Information Technology (NIELIT). 8. A Division Bench of this Court in Special Appeal (Defective) No.679 of 2017 (Sanjay Kumar Vs. State of U.P. and 2 others) decided on 06.05.2019 has already been held that the Computer Concept Course (CCC) is designed to fulfil the beginner level computer literacy and that can be undertaken by a person at his own also. It was further held that only requirement is that he must get the same verified by NIELIT (formerly known as "DOEACC Society"). The course in question is not expertise in computer application but is the most preliminary knowledge for computer operation. The certificate of CCC is available even for the persons who are having no formal education. Relevant portion of the aforesaid judgement is reproduced below:- "In appeal, we have looked into the entire issue including the nature of certificate of CCC. As per the details available on the official website of the NIELIT, the deails of the Course on Computer Concepts (CCC) is as follows:- "Introduction: This course is designed to aim at imparting a basic level IT LIteracy programme for the common man. This programme has essentially been conceived with an idea of giving an opportunity to the common man to attain computer literacy thereby contributing to increased and speedy PC penetration in different walks of life. After completing the course the incumbent should be able to use the computer for basis purposes of preparing his personnel/business letters, viewing information on internet (the web), receiving and sending mails, preparing his business presentations, preparing small databases etc. This helps the small business communities, housewives, etc. to maintain their small accounts using the computers and enjoy in the world of Information Technology. This course is, therefore, designed to be more practical oriented. Eligibility: The candidates can appear in the NIELIT CCC Examination through following three modes and the eligibility criteria for each mode are indicated against each: 2.1 Candidates sponsored by NIELIT approved Institutes permitted to conduct CCC 2 All. C/M Kisan Intermediate College Jaunpur & Anr. Vs. State of U.P. & Ors. 1673 2.2 Candidates sponsored by Government recognized Schools/Colleges having obtained an Unique Identity number from NIELIT for conducting CCC - irrespective of any educational qualifications, and 2.3 Direct Applicants (without essentially undergoing the Accredited Course or without being sponsored by a Govt. recognized School/College) - irrespective of any educational qualification; Duration: The total duration of the course is 80 hours, consisting of (I) Theory 25 hours (ii) Tutorials 5 hours (iii) Practicals 50 hours The course could ideally be a two weeks intensive course." The introduction quoted above indicates that the Course on Computer Concepts (CCC) is designed to fulfill the beginner level computer literacy and that can be undertaken by a person at his own also. The only requirement is that he must get the same verified by NIELIT (formerly known as "DOEACC Society"). The course is not expertise in computer application but is the most preliminary knowledge for computer operation. The certificate of CCC is available even for the persons who are having no formal education. As a matter of fact, it is the first step for computer literacy. The only purpose to include certificate of "CCC" in the eligibility is that the aspirant must be aware with computer and he should a computer literate. The appellant-petitioner who is a Post Graduate Diploma in Computer Application is too ahead to the knowledge extended through CCC. The advance knowledge available to the appellant-petitioner very well satisfies the purpose and need to have certificate of CCC. Learned single Bench failed to appreciate that the purpose of having a CCC certificate stands satisfied on having the higher qualification of Post Graduation in Computer Application. In view of whatever stated above, we are of considered opinion that learned single Bench erred while arriving at the conclusion that the order passed by District Judge, Unnao dated 19th September, 2016 does not suffer from any error. Accordingly, the appeal is allowed. The order dated 5th January, 2017 is set aside. The Writ Petition No.60818 of 2016 is allowed. The order dated 19th September, 2016 passed by the District Judge, Unnao cancelling the appointment of the appellant-petitioner is set aside. The petitioner is declared entitled to be reinstated as Stenographer Grade III in district judgeship Unnao with all consequential benefits except the actual payment of salary for the period he remained out of employment in pursuance to the order dated 19th September, 2015." The same view was again taken by a Co-ordinate Bench of this Court in Writ A No.16106 of 2017 (Arvind Kumar Vs. Registrar General High Court of Judicature at Allahabad and another). 9. Heard learned counsel for the parties. 10. From perusal of the record, it is clear that requisite qualification for promotion from Class IV post to Class III posts is mentioned in the Government Orders dated 23.08.2016 and 4.1.2017. The first requisite qualification for promotion is typing test/speed between 25 to 30 words per minute either in Hindi or in English and not in both the languages and the second requisite qualification for promotion is having certificate of CCC certificate issued by the DOEACC. 1674 INDIAN LAW REPORTS ALLAHABAD SERIES 11. Insofar as the first requirement is concerned namely typing test/speed as prescribed under the aforesaid Government Orders, specific findings has already been recorded by the respondent No.3 in the order impugned that respondent No.5 is having 26.8 words per minute typing speed in Hindi which is requisite typing speed as per Government Orders, i.e., 25 to 30 words per minute. From the facts as narrated above, it is clear that respondent No.5 is having typing speed as prescribed under the Government Orders dated 23.08.2016 and 04.01.2017. Apart from the same, the respondent No.5 is also having a valid "CCC" Certificate duly issued in his favour by the National Institute of Electronics and Information Technology (NIELIT). Apart from the aforesaid arguments, no other argument whatsoever has been raised by the counsel for the petitioners. 12. In view of the aforesaid, this Court is of the view that the order passed by the respondent No.3 dated 19.10.2019 is absolutely just and proper and does not call for any interference by this Court specially under Article 226 of the Constitution of India. 13. The writ petition is devoid of merits and the same is hereby dismissed. No order as to costs. ---------- (2020)02ILR A1674 ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 17.01.2020 BEFORE THE HON'BLE SARAL SRIVASTAVA, J. Writ A No. 18733 of 2019 Abhishek Kumar Bajpayee ...Petitioner Versus State of U.P. & Ors. ...Respondents Counsel for the Petitioner: Sri Shivendu Ojha, Sri Shikhar Trivedi Counsel for the Respondents: C.S.C., Sri Ashok Kumar Yadav A. Service Law - vacancy of Assistant Teacher in Primary School - selection process has to brought to a logical end - finding - time granted by this Court in the case of Narendra Kumar Chaturvedi Vs. State of U.P. should be treated to be cut off date for the purpose of permitting the candidates to apply for re-evaluation - Petitioner did not approach Court challenging the result of re-evaluation - pleadings lacks material fact as to the date on which petitioner received scanned copy and the mode by which scanned copy was sent - no merit. (Para 17,19) Petitioner applied for selection and appointment on the post of Assistant Teacher - illegalities and discrepancies committed in conducting the evaluation - Government Order - permitting candidates desirous for reevaluation of their copies - petitioner was three mark short of minimum qualifying marks after re-evaluation - petitioner applied for obtaining the scanned copy of his answer copy - Court granted two weeks time to apply for reevaluation - candidates dissatisfied with the marks awarded after re-evaluation again approached Court - State Government considering the welfare of the candidates again decide to re-evaluate the copy of all the petitioners who being dissatisfied with the result of re-evaluation approached court . (Para -5,8,14,15) Held :- The contention of the petitioner that no cut off date is provided by this Court for making application for re-evaluation is misconceived as the process of re-evaluation cannot be allowed to be continued to infinity. (Para-19)