Anil Kumar vs State of Uttarakhand and another

Having heard the learned counsel for the appellant, the court finds that the appointment on the post of Junior Assistant Group ''C'' was made under the Uttaranchal Procedure for Direct Recruitment for Group ''C'' Posts (Outside the Purview of Uttaranchal Public Service Commission) Rules 2003 (as amended by the Rules of 2007), in which one of the essential qualification is that the incumbent should have the knowledge of typing. Since, typing test was an essential ingredient the same could not be exempted, as claimed by the appellant. The court is of the view that the Government Order dated 16.04.1991 is not applicable to the present facts and circumstances of the case, in view of the Rules specifically framed by the State of Uttarakhand, and consequently, the Government Order of U.P. does not apply in the State of Uttarakhand, any longer. Further, the court finds that the appellant had appeared for the typing test, and now cannot claim benefit of this Government Order dated 16.04.1991. In the light of the aforesaid, we do not find any error in the order dated 19.11.2009, passed by learned Single Judge.

Special appeal is accordingly dismissed.