Sooraj Kumar vs Home Secretary Uttar Pradesh And 3 ...
2023 Latest Caselaw 17859 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:142382-DB
 
Court No. - 29
 

 
Case :- SPECIAL APPEAL No. - 463 of 2023
 

 
Appellant :- Sooraj Kumar
 
Respondent :- Home Secretary Uttar Pradesh And 3 Others
 
Counsel for Appellant :- Anil Kumar Singh,Akhilesh Kumar Vishwakarma,Sanjeev Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Anish Kumar Gupta,J.

1. This Intra-Court appeal is directed against the judgment and order dated 03.05.2023 in Writ A No. 4906 of 2023 passed by the learned Single Judge wherein it was noted that no material has been placed on record to suggest that the petitioner has been discriminated in the Shorthand Examination conducted by the respondents. The claim of the writ petitioner is that he has written 400 words in shorthand within 40 minutes and, thus, has cleared the Shorthand Test, was found to be without any substance.

2. In paragraph no. '7' of the affidavit accompanying the Special Appeal, it is sought to be submitted that as per the advertisement, 80 Words Per Minute were required to be dictated and total dictation was for 400 words within a period of 40 minutes, whereas the Testing Agency has dictated 500 words in 40 minutes resulting in requirement of the speed at 100 Words Per Minute. For the aforesaid, the appellant could not reach at the benchmark for selection to the post in question.

3. On the presentation of the instant appeal, by order dated 07.07.2023, we asked the learned counsel appearing for respondent Selection Board to seek instructions to give specific reply to paragraph no. '7' of the affidavit accompanying the interim application. In the written instructions supplied today, under the signature of the Additional Secretary Recruitment, U.P. Police Recruitment and Promotion Board, Lucknow, the copy of steno type test report given by the Agency (NSEIT) has been placed on record. It is categorically stated in the written instructions and is demonstrated from the report brought before us that 400 words in 40 minutes were dictated to the writ petitioner in Hindi Shorthand Typing Test. The petitioner could type 388 words and the accuracy level was 71.25% as only 285 words were found correct.

4. Taking note of the said report and the fact that no contrary material could be brought on record by the appellant before us to demonstrate that 500 words were dictated to him in 40 minutes in Shorthand Typing Test, no infirmity could be found in the order of the learned Single Judge. The appeal is dismissed being devoid of merits. It is further brought on record that the appellant herein has attained only 299.6561 marks whereas the last selected candidate in OBC Category (to which the petitioner belongs) has attained 316.7358 marks. The marks attained by the appellant being much less than the last selected candidate, no interference is called for.

Order Date :- 18.7.2023

Shubham Arya