Court No. - 7
Case :- WRIT - A No. - 19785 of 2018 Petitioner :- Ashwani Tripathi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Prabodh Dubey,Kushmondeya Shahi Counsel for Respondent :- C.S.C.,Brajesh Datta Pandey
Hon'ble Dinesh Kumar Singh,J.
1. The petitioner, who is working as Class-IV employee in Gorakhpur University, appeared in the departmental examination conducted for promotion from Class-IV to Class- III in the University. For some reasons, the interviews to be held after examination were postponed. Later on examiner, Smt. Beena Singh, who had to examine the answer sheet of typing knowledge copy with respect to typing knowledge of the candidates found that in absence of clear Rules in respect of typing knowledge of the candidates, it was not possible to evaluate the answer sheets of the candidates.
2. After receiving the aforesaid report of the examiner, the convener has put a further note that the aforesaid examination for typing test should be cancelled till clear and unambiguous Rules are made for conducting the examination for typing test. The Vice-Chancellor on the aforesaid note has ordered that the revaluation of the typing test should be done as per rules and thereafter, the result should be declared.
3. The petitioner has filed this writ petition impugning aforesaid two orders one relates to postponing the interview and the other relating to decision dated 30.06.2018 taken on the note prepared by the convener for the typing test.
4. The petitioner has no vested right to get appointment after he appears for the examination. It is perfectly valid and within the right of the University to cancel the examination if it is of the opinion that the examination was not properly conducted in absence of the requisite clear Rules for the examination. This is what the University has done. Till the clear and unambiguous Rules are made in respect of typing examination, the result should not be declared and once the Rules are framed then only revaluation would be done in accordance with the Rules framed and the result of the examination would be declared.
5. I find no infirmity and illegality in the impugned orders. Accordingly, this writ petition lacks merit and substance, which is hereby dismissed.
Order Date :- 19.9.2018/prateek