HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14813 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel appearing for the petitioner and learned State Counsel appearing for the State. 2. Present petition under Article 226 of the Constitution of India has been filed by the petitioner seeking challenge to order dated 03.12.2025 and consequential order dated 09.12.2025 whereby the petitioner has been declared ineligible to work on Class III post, directing his demotion and joining on Class IV post within a period of one week, otherwise he will be terminated from service. 3. First typing test of the petitioner was conducted on 28.10.2024 in which he was declared unqualified. However, in second typing test scheduled on 19.11.2025, he did not qualify again, therefore, it has been held that petitioner is not qualified to hold Class III post. His appointment on the post of Junior Assistant has been cancelled and he has been directed to join on Class IV post vide impugned order. 4. The petitioner was appointed vide order dated 10.11.2023 under the provisions of The U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as 'Rules, 1974') on the post of Junior Assistant. Appointment letter itself would disclose that the petitioner must have typing efficiency of 25 words per minutes. It appears that petitioner's typing efficiency was not assessed at the time of his appointment under Rules, 1974, and he continued on the Versus Counsel for Petitioner(s) : Praveen Kumar Srivastav Counsel for Respondent(s) : C.S.C. Arun Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Medical And Health Services Lucknow And 2 Others .....Respondent(s) post and also got regularized. Typing tests were organized as mentioned above. In both the typing tests, the petitioner failed and, therefore, impugned order has been passed demoting him to the Class IV post. 5. Learned State Counsel appearing on behalf of the State submits that petitioner has been given opportunity to clear typing test twice, which is an essential qualification for the post in question, but he could not qualify the same, therefore, he is not eligible for the Class III post. Impugned order has rightly been passed which does not require any interference by this Court. 6. Learned counsel appearing for petitioner submits that petitioner was not assigned any work of typing, therefore, his proficiency in typing got decreased and he failed in the typing test. He further submits that the petitioner would succeed if he is given a chance after a period of six months to prove his typing efficiency. It is further submitted that if he qualifies in the third chance, his posting as a Class III employee should be directed to continue and if he fails, he would work on Class IV post. 7. Learned counsel appearing for the petitioner also submits that in similar set of facts, this Court vide order dated 14.6.2023 passed in Writ A No.4595 of 2023 (Smt. Abha Devi vs. State of U.P. and Others) exercising equity jurisdiction, has directed the respondents to take a fresh typing test of the candidate, therefore, same opportunity may also be given to the present petitioner. 8. Learned State Counsel appearing for the State has opposed this prayer. However, he has left it to the discretion of the Court to pass appropriate order(s). 9. Considering the aforesaid facts, indicating that the case of present petitioner is similar to the case of Smt. Abha Devi, this Court directs the respondents to take a fresh typing test after a period of three months from today, and if the petitioner qualifies the typing test and it is found that the petitioner has typing proficiency of 25 words per minutes in Hindi, he should be allowed to continue on the Class III post. If the petitioner fails despite the last opportunity, which is granted by this Court in exercise of equity jurisdiction, the petitioner shall continue on Class IV post. WRIA No. 14813 of 2025 2 10. With aforesaid direction/observation, the writ petition stands disposed of. December 19, 2025 kvg/- WRIA No. 14813 of 2025 3 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench