NADEEM AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing counsel appearing for the State-respondents.

(2.) By means of the present petition, the petitioner has prayed for the following reliefs:-

(3.) The case set forth by the petitioner is that he was appointed as a Class IV employee by the respondents in the year 2005 and has been working since then on the said post. On 16.10.2014, the respondent no. 3 issued an order for holding a departmental examination for a Class III post of Junior Assistant in terms of provisions of [1] (hereinafter referred to as "Rules, 2001") for which a typing test was scheduled to be held between 28.10.2014 to 30.10.2014 at Lucknow. Copy of the said order is annexure 5 to the writ petition. A Government order dated 19.08.2014 had also been issued, a copy of which is annexure 6 to the petition for the purpose of videography in the examination hall while holding the typing test for promotion to Group C post. The petitioner claims to have participated in the typing test but according to him, no videography was carried out on the said date of examination. Subsequently, when the result was declared of the typing test, the petitioner was declared as passed and his name figured at Serial No. 15 in the list of passed candidates which was issued along with a covering letter dated 11.11.2014, copy of which is annexure 7 to the writ petition. Thereafter, the petitioner appeared in the written examination and viva-voce which was held on 18.11.2014. Even before the result was declared claims were made of malpractices in the said examination through a complaint by an Ex-President of the Class IV Employee Union to the Government on 16.01.2015 and 19.01.2015, copies of which have been filed cumulatively as annexure 8 to the petition. The result was thereafter declared on 20.01.2015, a copy of which is annexure 1 to the petition in which the petitioner was not declared selected. Being aggrieved, the petitioner submitted a representation before the respondent no. 2 on 31.01.2015, a copy of which is annexure 9 to the petition and when no action has been taken, the present petition has been filed.