Allahabad High Court
C/M Kisan Intermediate College, ... vs State Of U.P.And 4 Others on 26 November, 2019
Equivalent citations: AIRONLINE 2019 ALL 2673
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 49 A.F.R. Case :- WRIT - A No. - 17980 of 2019 Petitioner :- C/M Kisan Intermediate College, Jaunur, And Another Respondent :- State Of U.P.And 4 Others Counsel for Petitioner :- Jitendra Kumar Srivastava Counsel for Respondent :- C.S.C.,Rakesh Kumar Hon'ble Prakash Padia,J.
1. Heard Sri J.K. Srivastava, learned counsel for the petitioners. Learned Standing Counsel accepted notice on behalf of respondent Nos. 1 to 4 and Sri Rakesh Kumar, learned counsel accepted notice on behalf of respondent No. 5.
2. The petitioner has preferred the present writ petition challenging the order dated 19.10.2019 passed by respondent No.3/District Inspectorof Schools Jaunpur, copy of which is appended as Annexure No.14 to the writ petition.
3. Facts in brief as contained in the writ petition are that the Institution in question namely Kisan Intermediate College, Ajosi, District Jaunpur is a recognized and aided Institution up to High School Level. The same is governed under the provisions of U.P. Intermediate Act, 1921. All the teachers and employees of the Institution in question are getting their salary thorough State Exchequer as per the provisions of U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1972 (hereinafter referred to as "the Act, 1972"). In the Institution in question, apart from the posts of Head Master and teachers, one post of Assistant Clerk and four posts of Class IV employees were sanctioned by the State Government. One Sri Ram Singh who was working as Assistant Clerk was retired on 28.02.2018. In order fill up the aforesaid post, proceedings were initiated. By the order dated 17.4.2019 passed by respondent No.3, the respondent No.5 namely Santosh Kumar Yadav was promoted on the post of Assistant Clerk. The aforesaid order was subject matter of Writ A No.7233 of 2019 (C/M Kisan Intermediate College, Jaunpur, And Another Vs. State Of U.P. And 4 Others) filed by the present petitioners. The aforesaid writ petition was finally disposed of by judgement and order dated 9.5.2019. The order dated 9.5.2019 is reproduced below:-
"Heard Sri J.K. Srivastava, counsel for the petitioners, learned standing counsel for respondent Nos. 1 to 4 and Sri Vimal Kumar holding brief of Sri Vidya Dhar Yadav for respondent No. 5. With their consent, the instant petition is being decided finally, without inviting a formal counter affidavit. The petitioner Committee of Management of Kisan Intermediate College, Jaunpur has filed the instant petition assailing the correctness of the order dated 15/17.4.2019 passed by District Inspector of Schools, Jaunpur, the third respondent whereby, the representation of respondent No. 5 dated 8.1.2019 has been accepted and a direction has been issued to promote him on the vacant post of Assistant Clerk in the Institution. The order records that the only post of Assistant Clerk in the Institution had fallen vacant consequent to retirement of Ram Ashish Yadav on 28.2.2018. The respondent No. 5 is the senior most class IV employee having requisite qualification for Class III post. Accordingly, he has been directed to be promoted, having regard to Regulation 2(2) of Chapter 3 of the Regulations framed under the U.P. Intermediate Education Act, 1921. Learned counsel for the petitioners submitted that the petitioners in their application dated 3.4.2019, specifically pointed out that respondent No. 5 does not possess CCC Certificate, nor is having knowledge of typing, as mandatorily required under Government Orders dated 23.8.2016 and 4.1.2017. He further submitted that the validity of these Government Orders has been upheld by this Court in its judgment dated 22.11.2018 in Writ A No. 23580 of 2018. Learned counsel for respondent No. 5 submitted that respondent No. 5 possesses CCC Certificate. He further submitted that he also has knowledge of typing. However, he admits that typing test has not been held so far. Learned standing counsel appearing on behalf of State respondents points out that as per Government Order dated 23.8.2016 and 4.1.2017, the employee seeking promotion should have a typing speed of 25/30 words in Hindi/English, apart from having qualification of Intermediate and CCC Certificate. It being not in dispute between the parties that before promotion could be granted, it has to be ascertained whether the employee has typing speed as prescribed under Government Orders dated 23.8.2016 and 4.1.2017, but which has not been done in the instant case, consequently, the impugned order cannot be sustained and is hereby quashed. The petition is disposed of with direction to Management and District Inspector of Schools to get typing test conducted and also ascertain whether respondent No. 5 possesses a valid CCC Certificate, and thereafter pass a fresh order in accordance with law."
4. Pursuant to the aforesaid order, the proceedings were initiated by the respondent No.3 to conduct the typing test of the respondent No.5. It appears from perusal of record that the respondent No.3 wrote a letter to the petitioners on 2.8.2019 directing them to ensure their presence on 12.8.2019 so that the typing test of respondent No.5 be conducted in their presence. It is argued that in spite of the same, nobody was put their appearance in the office of respondent No.3 on the date fixed in the matter. In the circumstances, a decision was taken by the respondent No.3 to conduct typing test of respondent No.5 through one Sri Ramesh Yadav, Incharge Head Master, Government Ucchatar Madhayamic Vidhayalaya, District Jaunpur. The typing test of respondent No.5 was conducted on 10.10.2019. Thereafter the order impugned has been passed by respondent No.3 on 19.10.2019 stating therein that since the respondent No.5 has already passed his typing test, he is entitled for his promotion. The order dated 19.10.2019 passed by respondent No.3 is under challenged in the present writ petition.
5. It is argued by learned counsel for the petitioners that the order dated 19.10.2019 passed by respondent No.3 is wholly illegal order and was passed contrary to the Government Orders dated 23.08.2016 and 4.10.2017. It is further argued that respondent No.3 has conducted typing test of the respondent No.5 in a very arbitrary manner and typing test was conducted on a type writer supplied by the respondent No.3. It is further argued that only Hindi typing test was conducted although Hindi and English both typing tests are required. It is further argued that at no point of time "CCC" Certificate was made available by the respondent No.5 to the petitioners and as such the findings recorded by the respondent No.3 that the respondent No.5 is having CCC certificate is absolutely wrong. Counsel for the petitioners also relied upon a co-ordinate Bench of this Court in Writ A No.23580 of 2018 (Sudhanshu Tyagi Vs. State Of U.P. And 4 Others), copy of which is appended as Annexure 15 to the writ petition. In view of the aforesaid, it is argued that the order passed by respondent No.3 is liable to be quashed.
6. To the contrary, it is argued by Sri Rakesh Kumar learned counsel appearing on behalf of respondent No.5 that the order impugned passed by respondent No.3 dated 19.10.2019 is absolutely perfect order and the same has been passed in accordance with the provisions contained in the Government Order 23.8.2016 and 4.1.2017. It is further argued by Sri Rakesh Kumar learned counsel for respondent No.5 that vide the aforesaid Government Orders, the requirement is possessing CCC certificate from DOEACC Society and also knowledge of Hindi/ English Tying with speed of minimum 25 to 30 words per minute has been made essential for promotion. The respondent No.5 is having sufficient typing speed 26.8 words per minute in Hindi and also having a valid "CCC" Certificate. The Government Orders dated 23.8.2016 and 4.1.2017 are extracted hereinafter:-
^^izs"kd] ftrsUnz dqekj izeq[k lfpo mRrj izns'k 'kkluA lsok esa 1- f'k{kk funs'kd ¼ek0½ 2- foRr fu;U=d] m0iz0 लखनऊ @bykgkcknA f'k{kk funs'kky;] m0iz0 bykgkcknA f'k{kk ¼8½ vuqHkkx लखनऊ% fnukad] 23 vxLr] 2016 fo"k;& osru lfefr ¼2008½ ds 11osa izfrosnu ds ek/;e ls v'kkldh; lgk;rk izkIr ek/;fed fo|ky;ksa ds f'k{k.ksRrj deZpkfj;ksa ¼fyfid laoxZ½ ds osru iqujh{k.k ds laca/k esaA egksn;] 1& mi;qZDr fo"k;d f'k{kk funs'kd ¼ek0½] m0iz0 ds i=kad&f'kfoj@19878@2015&16] fnukad 28 ekpZ] 2016 ds dze esa iwoZ fuxZRk 'kklukns'k la[;k 1468@15&8&2015&3011@2009 Vh0lh0 fnukad 03 uoEcj] 2015 dks fujLr djrs gq, eq>s ;g dgus dk funs'k gqvk gS fd osru lfefr ¼2008½ ds X;kjgosa izfrosnu ds ek/;e ls lgk;rk izkIr f'k{k.k laLFkkvksa] izkfof/kd f'k{k.k laLFkkvksa ds f'k{ks.ksRrj dEkZpkfj;ksa lkekU; laoxZ rFkk vU; laoXkZ ds laca/k esa dh x;h laLrqfr;ksa ds dze esa foRr foHkkx }kjk fuxZr 'kklukns'k la0&ols0vk0&2&665¼11½@nl&54¼,e½@2008 Vh0lh0 fnukad 26-09-2013 }kjk fyfidh; laoxZ ds izFke Lrj dk inuke jktdh; foHkkxksa dh Hkkafr dfUk"B lgk;d djrs gq, osru cS.M&1 #i;s 5200&20200 ,oa xzsM osru :i;s 2000 rRdky izHkko ls vuqeU; fd;k tk;A blh izdkj fyfidh; laoxZ ds f}fr; Lrj dk inuke jktdh; foHkkxksa dh Hkkafr ofj"B lgk;d djrs gq, osru cS.M&1 :i;s 5200&20200 ,oa xzsM osru :i;s 2800 rRdky izHkko ls vuqeU; fd;k tk;A 2& mDr fu.kZ;kuqlkj foHkkx ds fyfidh; laoxZ dk iquxBZu djrs gq, fyfidh; laoxZ ds izFke Lrj ls in dk inuke dfUk"B lgk;d djrs gq, osru cS.M&1 :i;s 5200&20200 ,oa xzsM osru :0 2000@&rFkk fyfidh; laoxZ ds f}rh; Lrj ds in dk inuke ofj"B lgk;rk djrs gq, osru cS.M&1 :i;s 5200&20200 ,oa xzsM osru :0 2800@& fnukad 26 flrEcj] 2013 ls bl izfrcU/k ds v/khu vuqeU; fd;k tkrk gS fd bu inksa ij vgZrk@HkrhZ dh fof/k fuEu rkfydk ds vuqlkj fu/kkZfjr dh tk;sxhA dz0 l0 orZeku iquZxfBr 1 2 3 4 5 6 7 inuke osru cS.M ,oa xzsM osru ¼:0½ HkrhZ dh fof/k inuke osru cS.M ,oa xzsM osru ¼:0½ HkrhZ dh fof/k 1 UkSfR;d fyfid @df.kZ d 950&1500& 5200&2020 0 ,oa xzsM osru :0 1900@& 'kSf{kd vgZrk& b.VjehfM,V f'k{kk vf/kfu;e] 1921 dh /kkjk 16 ¼N½ fofu;e 2¼1½ ds vUrxZr fdlh LkLaFkk esa fu;qfDr gsrq fyfid dh U;wure 'kSf{kd vgZRkk ogh gksxh tks jktdh; mPprj ek/;fed fo|ky;ksa ds led{kh; dEkZpkfj;ksa ds fy, le; ij fu/kkZfjr dh xbZ gSA HkrhZ dh fof/k& b.VjehfM,V f'k{kk vf/kfu;e 1921 ds v/;k; 3 fofu;e 101 esa f'k{ks.kRrj inksa dh HkrhZ fo"k;d O;oLFkk gS ftlds vuqlkj fu;qfDr izkf/kdkjh fujh{kd ds iwokZuqeksnu ds flok; fdlh ekU;rk izkIr lgk;rk izkIr lLaFkk ds f'k{ks.kRrj LVkQ esa fdlh fjfDr dks ugha HkjsxkA b.Vj Lrjh; fo|ky; esa fyfid ds l`ftr inksa ds lkis{k 50 izfr'kr prqFkZ Js.kh vgZ deZpkjh dh inksUufr djds fyfid ds inksa dks Hkjs tkus dh O;oLFkk gSA fVIi.kh& 50 izfr'kr inksa dh lxa.kuk djus esa vk/ks ls de Hkkx dks NksM fn;k tk;sxk vkSj vk/ks ;k vk/ks ls vf/kd Hkkx dks ,d le{kk tk;sxkA 'kklukns'k fnukad 20-11-1976 }kjk fu/kkZfjr dfu"B lgk;
d 5200& 20200 ,oa xzsM osru :0 2000@& 80 izfr'kr lh/kh HkrhZ }kjkA vgZrk b.VjehfM,V ds lkFk&lkFk dEI;wVj lapkyu dk ^Mks;d^ lkslkbVh }kjk iznRr lh0lh0lh0^ izek.k i= rFkk fgUnh@vaxzsth esa de ls de 25@30 'kCn izfr feuV dh Vad.k xfrA 15 izfr'kr prqFkZ Js.kh ds ,sls dkfEkZdksa ls inksUufr }kjk tks gkbZLdwy gks rFkk Vad.k Kku j[krs gksA 05 izfr'kr in pqrFkZ Js.kh ds ,sls dfeZdksa ls inksUufr }kjk tks b.VjehfM,V gks rFkk Vad.k Kku j[krs gksA 2 iz/kku df.kZd vFkok iz/kku fyfid 1200&2040 ¼5200&202 00,oa xzsM osru :0 2400@&½ 'kSf{kd vgZrk ,oa HkrhZ dh fof/k& v'kkldh; lgk;rk izkIr ek0fo0 ¼gkbZLdwy Lrjh;½ esa fyfid dk in ,dy gSA b.Vj Lrjh; fo|ky; esa gh iz/kku fyfid dk in l`ftr gSA iz/kku fyfid dk in 'kr izfr'kr inksUufrdk gSA b.Vj Lrjh; fo|ky; esa fyfid Js.kh esa l`ftr inksa ds lkis{kj dk;Zjr fyfid dh inksUufr mi;qZDrrk ,oa T;s"Brk ds vk/kkj ij iz/kku fyfid ds in ij dh tkrh gSA ofj"B lgk;
d 5200&20200 ,oa xzsM osru :0 2800@& 'kr izfr'kr inksUufr }kjk&05 o"kZ dh lsok okys dfu"B lgk;d ds inksa lsA 4& mi;qZDr iquZxBu ds QykLo:i mPphd`r xzsM osru ds lkis{k lek;ksftr gksus okys in/kkjdksa dk osru fu/kkZj.k foRr foHkkx ds 'kklukns'k la0&cs0vk0&2&841@nl&2009&59¼,l½@2008 fnukad 24 fnlEcj] 2009 esa of.kZr O;oLFkk ds vuqlkj fd;k tk;sxkA 5& mi;qZDr O;oLFkk ds lekos'k lacaf/kr fo"k; ds fofu;kyh esa ;Fkk'kh?kz djk fy;k tk;sxkA mijksDrkuqlkj iquxZBu djus ds QyLo:i orZeku esa fo|ky;ksa esa miyC/k inksa dh la[;k esa dksbZ ifjorZu ugh gksxkA 6& ;g vkns'k foRr foHkkx ds v'kkldh; la[;k&osvk0&2&431@nl&2015 fnukad 16-04-2015 esa izkIr mudh lgefr ls fuxZr fd;s tk jgs gSaA Hkonh;
g0v0 ¼ftrsUnz dqekj½ izeq[k lfpo** ^^izs"kd] ftrsUnz dqekj izeq[k lfpo mRrj izns'k 'kkluA lsok esa 2- f'k{kk funs'kd ¼ek0½ 2- foRr fu;U=d] m0iz0 लखनऊ@bykgkcknA f'k{kk funs'kky;] m0iz0 bykgkcknA f'k{kk ¼8½ vuqHkkx लखनऊ% fnukad] 04] tuojh] 2017 fo"k;& mRrj izns'k ds v'kkldh; lgk;rk izkIr ek/;fed fo|ky;ksa esa dfu"B lgk;d ds inksa ij prqFkZ Js.kh ds inksa ls inksUufr dh O;oLFkk ds laca/k esaA egksn;] 1&mi;ZqDr fo"k;d f'k{kkd funs'kd ¼ek0½ m0iz0 ds i=kad& f'kfoj@18491@2015&16 fnukad 29 Qjojh 2016 dk lanHkZ xzg.k djus dk d"V djsa] ftlds }kjk mRrj izns'k ds v'kkldh; lgk;rk izkIr ek/;fed fo|ky;ksa esa duf"B lgk;d ds inksa ij prqFkZ Js.kh ds inksa ls inksUufr dh O;oLFkk fo"k;d vuqjks/k ds dze esa eq>s ;g dgus dk funs'k gqvk gS fd osru lfefr ¼2008½ ds X;kjgosa izfrosnu ds ek/;e ls v'kkldh; lgk;rk izkIr ek/;fed fo|ky;ksa ds f'k{k.ksRrj deZpkfj;ksa ds laca/k esa 'kklukns'k la[;k& 1067@15&8&2016&3011@2009 Vh0 lh0 fnukad 23 vxLr 2016 ds izLrj&2 dh rkfydk ds LrEHk&7 esa HkrhZ dh fof/k dh orZeku O;oLFkk ds Lfkku ij fuEufyf[kr O;oLFkk fd, tkus dh Jh jkT;iky lg"kZ Lohd`fr iznku djrs gS%& ¼1½ vgZrk 50 izfr'kr lh/kh HkrhZ }kjk b.VjehfM,V ds lkFk&lkFk dEI;wVj lapkyu dk ^Mks;d^ lkslkbVh }kjk iznRr ^lh0lh0lh0^ izek.k i= rFkk fgUnh@vaxzsth esa de ls de 25@30 'kCn izfr feuV dh Vad.k xfrA ¼2½ izfr'kr prqFkZ Js.kh ds ,sls in/kkjksa ls inksUufr }kjk tks lh/kh HkrhZ dh vgZrk j[krs gks vkSj 05 o"kZ dh ekSfyd lsok iw.kZ dj pqdsa gks vkSj mudk lsok vfHkys[k vPNk gksA 2& mRRkj izns'k v'kkldh; lgk;rk izkIr ek/;fed fo|ky;ksa esa dfu"B lgk;d ds inksa ij prqFkZ Js.kh ds inksa ij lh/kh HkrhZ@inksUufr ds laca/k esa 'kklukns'k la[;k&1067@15&8&2016&3011@2009 Vh0 lh0 fnukad 23 vxLr] 2016 esa dh x;h O;oLFkk dks mDr lhek rd la'kksf/kr ,oa vodzfer le>k tk;A 5& ;g vkns'k foRr foHkkx ds v'kkldh; la[;k cs0vk0&2&2928@nl&2016 fnukad 04 tuojh] 2017 esa izkIr mudh lgefr ls fuxZr fd, tk jgs gSA Hkonh;
g0vi0 ¼ftrsUnz dqekj½ izeq[k lfpo**
7. In this view of the matter, it is argued that as per the aforesaid Government orders, typing test/speed is required either in Hindi or in English and not in both the languages. It is further argued that in the earlier writ petition filed by the petitioners, the directions were given to the respondent No.3 to ascertain whether the respondent No.5 is having typing speed as prescribed under the Government Orders dated 23.08.2016 and 4.1.2017 and whether the respondent No.5 is having a valid "CCC" Certificate. The directions issued by this court in the earlier writ petition filed by the petitioners, were fully complied with by the respondent No.3 by conducting typing test of the respondent No.5. Finding were further recorded by the respondent No.3 in the impugned order that respondent No.5 is having a valid "CCC" Certificate. Apart from the same, original "CCC" certificate has been produced by the counsel for respondent No.5 before the Court. From perusal of the same, it is clear that the respondent No.5 is having a certificate of Computer Concept Course (CCC) issued by National Institute of Electronics and Information Technology (NIELIT). One photocopy of the same is provided to the counsel for the petitioners and one photocopy of the same also taken on record. From perusal of the same, it is clear that the respondent No.5 is having valid "CCC" Certificate duly issued by National Institute of Electronics and Information Technology (NIELIT).
8. A Division Bench of this Court in Special Appeal (Defective) No.679 of 2017 (Sanjay Kumar Vs. State of U.P. and 2 others) decided on 06.05.2019 has already been held that the Computer Concept Course (CCC) is designed to fulfil the beginner level computer literacy and that can be undertaken by a person at his own also. It was further held that only requirement is that he must get the same verified by NIELIT (formerly known as "DOEACC Society"). The course in question is not expertise in computer application but is the most preliminary knowledge for computer operation. The certificate of CCC is available even for the persons who are having no formal education. Relevant portion of the aforesaid judgement is reproduced below:-
"In appeal, we have looked into the entire issue including the nature of certificate of CCC. As per the details available on the official website of the NIELIT, the deails of the Course on Computer Concepts (CCC) is as follows:-
"Introduction: This course is designed to aim at imparting a basic level IT LIteracy programme for the common man. This programme has essentially been conceived with an idea of giving an opportunity to the common man to attain computer literacy thereby contributing to increased and speedy PC penetration in different walks of life. After completing the course the incumbent should be able to use the computer for basis purposes of preparing his personnel/business letters, viewing information on internet (the web), receiving and sending mails, preparing his business presentations, preparing small databases etc. This helps the small business communities, housewives, etc. to maintain their small accounts using the computers and enjoy in the world of Information Technology. This course is, therefore, designed to be more practical oriented.
Eligibility: The candidates can appear in the NIELIT CCC Examination through following three modes and the eligibility criteria for each mode are indicated against each:
2.1 Candidates sponsored by NIELIT approved Institutes permitted to conduct CCC Course - irrespective of any educational qualifications;
2.2 Candidates sponsored by Government recognized Schools/Colleges having obtained an Unique Identity number from NIELIT for conducting CCC - irrespective of any educational qualifications, and 2.3 Direct Applicants (without essentially undergoing the Accredited Course or without being sponsored by a Govt. recognized School/College) - irrespective of any educational qualification;
Duration: The total duration of the course is 80 hours, consisting of (I) Theory 25 hours
(ii) Tutorials 5 hours
(iii) Practicals 50 hours The course could ideally be a two weeks intensive course."
The introduction quoted above indicates that the Course on Computer Concepts (CCC) is designed to fulfill the beginner level computer literacy and that can be undertaken by a person at his own also. The only requirement is that he must get the same verified by NIELIT (formerly known as "DOEACC Society"). The course is not expertise in computer application but is the most preliminary knowledge for computer operation. The certificate of CCC is available even for the persons who are having no formal education. As a matter of fact, it is the first step for computer literacy. The only purpose to include certificate of "CCC" in the eligibility is that the aspirant must be aware with computer and he should a computer literate. The appellant-petitioner who is a Post Graduate Diploma in Computer Application is too ahead to the knowledge extended through CCC. The advance knowledge available to the appellant-petitioner very well satisfies the purpose and need to have certificate of CCC. Learned single Bench failed to appreciate that the purpose of having a CCC certificate stands satisfied on having the higher qualification of Post Graduation in Computer Application.
In view of whatever stated above, we are of considered opinion that learned single Bench erred while arriving at the conclusion that the order passed by District Judge, Unnao dated 19th September, 2016 does not suffer from any error.
Accordingly, the appeal is allowed. The order dated 5th January, 2017 is set aside. The Writ Petition No.60818 of 2016 is allowed. The order dated 19th September, 2016 passed by the District Judge, Unnao cancelling the appointment of the appellant-petitioner is set aside. The petitioner is declared entitled to be reinstated as Stenographer Grade III in district judgeship Unnao with all consequential benefits except the actual payment of salary for the period he remained out of employment in pursuance to the order dated 19th September, 2015."
The same view was again taken by a Co-ordinate Bench of this Court in Writ A No.16106 of 2017 (Arvind Kumar Vs. Registrar General High Court of Judicature at Allahabad and another).
9. Heard learned counsel for the parties.
10. From perusal of the record, it is clear that requisite qualification for promotion from Class IV post to Class III posts is mentioned in the Government Orders dated 23.08.2016 and 4.1.2017. The first requisite qualification for promotion is typing test/speed between 25 to 30 words per minute either in Hindi or in English and not in both the languages and the second requisite qualification for promotion is having certificate of CCC certificate issued by the DOEACC.
11. Insofar as the first requirement is concerned namely typing test/speed as prescribed under the aforesaid Government Orders, specific findings has already been recorded by the respondent No.3 in the order impugned that respondent No.5 is having 26.8 words per minute typing speed in Hindi which is requisite typing speed as per Government Orders, i.e., 25 to 30 words per minute. From the facts as narrated above, it is clear that respondent No.5 is having typing speed as prescribed under the Government Orders dated 23.08.2016 and 04.01.2017. Apart from the same, the respondent No.5 is also having a valid "CCC" Certificate duly issued in his favour by the National Institute of Electronics and Information Technology (NIELIT). Apart from the aforesaid arguments, no other argument whatsoever has been raised by the counsel for the petitioners.
12. In view of the aforesaid, this Court is of the view that the order passed by the respondent No.3 dated 19.10.2019 is absolutely just and proper and does not call for any interference by this Court specially under Article 226 of the Constitution of India.
13. The writ petition is devoid of merits and the same is hereby dismissed. No order as to costs.
Order Date :- 26.11.2019 saqlain