Heard Sri Shishir Jain, learned counsel for the petitioner.
Notices for opposite party Nos.1, 2 & 3 have been accepted by Sri Rajesh Tiwari, learned counsel, who has put in appearance on their behalf.
Issue notices to the opposite party Nos.4 & 5 both ways, returnable at an early date, for which, necessary steps be taken within three working days.
Office is directed to issue necessary Dasti Summons to the learned counsel for the petitioner to serve upon the opposite party Nos.4 & 5 outside the Court.
By means of this writ petition, the petitioner has assailed the order dated 18.01.2018 issued by the Registrar, Babasaheb Bhimrao Ambedkar University, Lucknow, whereby the opposite party Nos.4 and 5 have been promoted on the post of Lower Division Clerk (L.D.C.).
The main contention of learned counsel for the petitioner is that as per rule itself the incumbent should have been promoted on the promotional post, if he is having the knowledge of typing. The aforesaid clarification has been enclosed as Annexure No.2 with the writ petition.
Learned counsel for the petitioner has further submitted that the impugned order dated 18.01.2018 itself says that both the opposite party Nos.4 and 5 have not qualified the typing test, for which, they have been provided two years time to qualify the test.
Learned counsel for the petitioner has also submitted that the promotion in question should have been made on the basis of merit, as per the procedure prescribed under Table-XXX (Annexure No.2 to the writ petition) but the selection in question has been made on the basis of seniority, which is also unwarranted.
As per learned counsel for the petitioner, since the opposite party Nos.4 & 5 have not qualified the typing test which was conducted on 11.12.2017, at 4:00 p.m. in Computer Centre of the University, as averred in para-12 of the writ petition, therefore, they should not have been declared qualified for promotion on the post of L.D.C.
In view of the aforesaid, the matter requires consideration.
Let the counter affidavit be filed by the opposite parties within a period of three weeks.
List in the week commencing 21.05.2018 as fresh.
The impugned order dated 18.01.2018 shall be subject to further orders of this Court.
Order Date :- 27.4.2018 Suresh/ [Rajesh Singh Chauhan,J.]