Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 7372 (HP)

NAND KISHORE v. HPU

CWP/2567/2025 · 2025-02-25

Sandeep Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:HHC:3435 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Writ Petition No.2567 of 2025 Date of Decision: 25.02.2025 _____________________________________________________________________ Nand Kishore ……...Petitioner Versus Himachal Pradesh University …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Ashwani K. Sharma and Mr. Nitin Rishi, Advocates. For the Respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Learned counsel representing the petitioner, on instructions, states that petitioner would be content and satisfied in case he is permitted to file representation to the worthy Vice Chancellor of the University for redressal of his grievance with the direction to afore authority to decide the same expeditiously, taking note of office order dated 08.05.2018, whereby exemption was granted by Vice Chancellor from the condition to qualify the typing test in favour of Mr. Ravi Dutt Pandey, Clerk, w.e.f. 04.06.2017, imposed upon him vide office order dated 12.04.2005 on his having attained the age of 45 years (Annexure P-11). 2025:HHC:3435 2 2. Having regard to the nature of afore innocuous prayer made on behalf of the petitioner coupled with the order proposed to be passed, there appears to be no justification to call for any reply on behalf of respondent-University, which is otherwise represented by Mr. Nitin Thakur, Advocate, who while accepting notice on behalf of respondent-University, fairly states that representation, if any filed, shall be considered expeditiously, in accordance with law. 3. Having heard learned counsel for the parties and perused material available on record, this Court finds that petitioner herein was appointed as Mess Helper in the year 2002 and was promoted against the post of Clerk on 01.01.2022, subject to the condition of his passing the typing test. Since petitioner failed to qualify the test, he came to be reverted back to the post of Mess Helper in the month of March 2024. After being reverted to the post of Mess Helper, he vide communication dated 20.03.2024 requested Worthy Vice Chancellor of the respondent-University to grant him one more chance to qualify the test, but before same could be decided by the authority concerned, respondent-University vide order dated 21.12.2024 revised the pay of the petitioner on account of reversion to the post of Mess Helper from Clerk w.e.f. 14.03.2024. 4. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Ashwani K. 2025:HHC:3435 3 Sharma, learned counsel representing the petitioner is that Worthy Vice Chancellor had power to grant him exemption from qualifying the typing test, as was done by him in the case of Mr. Ravi Dutt Pandey, Clerk, vide office order dated 08.05.2018 (Annexure P-11). 5. Since no specific prayer ever came to be made on behalf of the petitioner to Worthy Vice Chancellor of the respondent-University to grant him exemption, as was done in the case of Mr. Ravi Dutt Pandey vide office order dated 08.05.2018 (Annexure P-11), coupled with the fact that petitioner has admittedly failed to qualify the typing test, there appears to be no justification to entertain the present petition, but having taken note of innocuous prayer made on behalf of the petitioner to permit him to make representation to the Worthy Vice Chancellor for redressal of his grievance, this Court deems it fit to dispose of the present petition, reserving liberty to the petitioner to file representation to the Worthy Vice Chancellor, within a period of two weeks, seeking therein exemption from qualifying the typing test or to grant him one more chance to qualify the typing test, which in-turn shall be decided by the competent authority within a period of six weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, besides affording an opportunity of hearing to the petitioner shall also take note of office 2025:HHC:3435 4 order dated 08.05.2018, passed in the case of employee namely Mr. Ravi Dutt Pandey and pass detailed speaking order thereupon. Pending applications, if any, also stand disposed of. February 25, 2025 (Sandeep Sharma), Rajeev Raturi Judge