PRIYA KANT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant is aggrieved by order dated 18.11.2010 passed in C.W.J.C. No. 11365/96. It rejects his challenge to reversion on a Class-4 post after earlier compassionate appointment on a Class-3 post. The reason was his inability to pass the Hindi Typing Test as incorporated in the letter of appointment. We have heard counsel for the parties. The only question of law for consideration is that if the respondents could impose such condition in the letter of appointment, at variance with and contrary to that provided in Rule-148 of Chapter-VIII of the Bihar Board Miscellaneous Rules, 1958 relating to ministerial and non-gazetted officers. The Rule reads as follows:--

(2.) A bare perusal of Note-II makes it explicit that passing typing test was an additional, but not an indispensable qualification.

(3.) Our attention has been invited to a Division Bench decision in L.P.A. No. 1757/10 interpreting the Rule in context of a similar reversion for not passing the typing test. It was held that it not being an indispensable qualification, reversion on that ground was not sustainable. Sitting in coordinate jurisdiction the ratio binds us.