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Km. Sabiha Anjum v. State Of U.P. And Others - WRIT - A No. 17085 of 2007 [2007] RD-AH 13742 (8 August 2007)


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Court No. 38

Civil Misc. Writ Petition No. 17085 of 2007

Km. Sabiha Anjum


State of U.P. and others

Hon'ble V. K. Shukla, J.

Petitioner has approached this Court for issuing a writ in the nature of mandamus, commanding respondents to appoint her on the post of junior clerk under Dying in Harness Rules.

Petitioner has been claiming compassionate appointment in lieu of death of her father in harness. State Government also passed order dated 30.06.2005, mentioning therein that age relaxation be accorded to petitioner  and appointment be offered to her. Thereafter, as no further follow-up action was taken, this Court on 18.07.2007 took note of the letter dated 14.07.2007 written by Director General, Medical and Health Services, U.P. to Additional Director (Administration), Jan Suchna Adhikari, Swasthya Bhawan, Lucknow. Letter reflected that process of providing compassionate appointment was on and departmental examination of petitioner was to be conducted. This Court had asked to obtain necessary instruction  in the matter.

Today, when matter has been taken up, it has been pointed out that for being appointed as class III employee, as per Rule 8 of the relevant Rules, namely, U.P. Chikitsa Swasthya Evam Pariwar Kalyan Vibhag (Adhinastha Karyalaya) Lipik Vargiya Sewa Niyamalai, 1994, which covers the filed, petitioner was put for typing test and the minimum speed was not there, as such by order dated 03.08.2007, petitioner has been informed  that she shall not be offered appointment as class III employee, and in case she desires to be appointed as class IV employee, she can move application accordingly.    

Learned counsel for petitioner contended that time period was too short, as such petitioner could not cover up the required typing speed, as such second opportunity be provided to her for undertaking typing test. Plea which is sought to be taken up by petitioner cannot be accepted. Once petitioner was not prepared for typing test, request ought to have been made to the authorities concerned for providing reasonable time for preparing herself, but once she availed the opportunity and undertook typing test on 03.08.2007 and therein her typing speed was found 15.1 words per minute, which is much below the prescribed speed of 25 words per minute, then this Court cannot come to rescue of petitioner for offering second opportunity. Typing knowledge with minimum speed of 25 words per minute, under the relevant Rules  is the mandatory qualification. Even the State Government has passed order according relaxation in age, but as far as minimum eligibility criteria is concerned, same cannot be condoned.

Consequently, writ petition is dismissed.

However, dismissal of writ petition will not prevent the petitioner from seeking employment as class IV employee, as observed in letter dated 03.08.2007. In case any such application is moved, same shall be considered  and appropriate decision taken within two months from the date of receipt of a certified copy of this order.      




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