Asif Rais (Private) 21 January 2017
![Dr. Atul [9013898936]](/img/avatars/my_avatars/118016.jpg)
Dr. Atul [9013898936] (Lawyer, Scholar) 22 January 2017
Chances of Court interference are on the lower side, but no point giving up without effort;
First off, you should act quickly. Immediately write to CRPF by Registered post giving your personal details, your application details and venue of typing test/examination. If you remember correclty, tell them the make and model of the computer and keyboard supplied to you by CRPF at the examination. Complain that the keyboard issued to you was flawed/faulty/non-functional, on account of which, you were unable to perform up to your potential. Call upon CRPF to put the recuitment on hold and to arrange the typewriting test again. Demand that all videography in respect of your examination center be preserved, being vital to substantiate your submissions. If you are sure about your typing capability, give your typing WPM speed in the past, in this complaint.
Send Complaint/representation by registered post to:
Directorate General
Central Reserve Police Force,
Block No.-1, C.G.O. Complex,
Lodhi Road, New Delhi-110 003, INDIA
Besides registered post, e,mail this complaint to:
Grievances/Complaint
cpgramscrpf@crpf.gov.in
Post here details of the advertisement pursuant to which you applied.
Will update if I find anything else useful.
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Arvind Kumar Vishwakarma vs State Of U.P. And Others, WRIT A No.19017 of 2008
High Court of Allahabad
23 April, 2012
The petitioner had applied for the post of Assistant Grade-III in pursuance to the advertisement. During the course of examination of typing test, the petitioner was provided typewriter which was not functional and in consequence thereof, the petitioner could not type properly.
Submission of learned counsel for the petitioner is that the petitioner suffered at no fault on his part.
The controversy involves disputed question of fact.
Liberty is given to the petitioner to represent his cause before the opposite party no. 2 within one week alongwith available material. In case such a representation of preferred, the opposite party no. 2 shall decide the same after affording opportunity of hearing by passing a speaking and reasoned order, expeditiously say, within a period of two months from the date of filing of representation alongwith present order. The decision so taken shall be communicated to the petitioner.
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PS: Btw, I'm wondering...(correct me if I'm wrong) if you are a qualified typist, did the absence of visual stickers really matter that much on a standard QWERTY keyboard (since you'd be expected to be proficient in touch typing and not typing by sight)?
Asif Rais (Private) 22 January 2017
Dr. Atul [9013898936] (Lawyer, Scholar) 22 January 2017
Send them another written communication tomorrow (Monday) specifically calling upon them to "preserve all videography record" pertaining to your examination venue. Then don't wait later than mid February - early March (even if you do not get any response) and file a Writ Petition, because Government often makes a plea for not disturbing the admissions which had already happened and upset the rights of already selected candidates. In the meanwhile, start preparing for the petition, don't waste time, collect the documentary evidence and talk to a High Court lawyer. Speed is of essence there.
Note: it is settled position that you have no vested right to selection, but it is also settled that you acquire a vested right to be considered for selection according to the terms that existed on the date of advertisement. I don't know the rules applicable to your case as you haven't disclosed any details, but I'm sure they cannot be such as to deny an equal and fair opportunity to all candidates by subjecting all candidates to equal examination; issuing faulty parapehernelia to some, even if not deliberate and on account of oversight or mistake, is not equality.
Dr. Atul [9013898936] (Lawyer, Scholar) 22 January 2017
See also this: Vinit Kumar v. High Court of Allahabad. Though, frankly, I'd say that in this case, the petitioners have a much stronger case than yours on facts, at least its encouraging to see that the High Court has not totally relegated the petitioners to alternate remedy and has heard their case.
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HIGH COURT OF JUDICATURE AT ALLAHABAD
Case :- WRIT - A No. - 29665 of 2015
Petitioner :- Vinit Kumar And 4 Others
Respondent :- The Registrar General, High Court Of Judicature At Allahabad
Counsel for Petitioner :- Rajesh Kumar Srivastava
Counsel for Respondent :- Manish Goyal
Hon'ble Pradeep Kumar Singh Baghel,J.
The petitioners are candidate for appointment on the post of Stenographer Grade-III (Category 'C') in the Establishment of the first respondent.
The first respondent has issued an advertisement No.1 on 5th September, 2014 calling applications for appointment of Stenographers against 337 posts (Approximately). The advertisement stated that separate final merit list of Stenographers shall be prepared on the basis of total marks obtained by the candidate in Test-I (Offline Examination, objective type) and Test -II (Computer Typing Test).
All the petitioners have been declared successful in the Test-I. The result of written examination has been displayed on website of the first respondent.
On 15.5.2015, Admit Cards have been issued to them on website of the first respondent along with an instructions for examination of Hindi and English Computer Type Test-II to be held on 24.5.2015. One of the instruction is for the Font to be used in Hindi typing is 'Mangal' and for English typing UTF-8.
The grievance of the petitioners is in respect of Hindi Mangal Font .
It is contended on behalf of the petitioners that for Mangal Font entirely different keyboard is used. The petitioners have practiced on Kruti Dev Font which is widely used. It is submitted that in the High Court and subordinate courts also Kruti Dev Font is commonly used. It is urged that in the advertisement there was no indication that typing test shall be held in Mangal Font. The petitioners have been given only 5 days notice for change of Font. In such a short notice it is impossible for them to learn and practice a new font. It is also more difficult to learn Hindi typing with InScript Keyboard i.e. on Mangal keyboard.
Learned counsel for the petitioner has drawn the attention of the Court to Annexure-3 filed along with the Supplementary Affidavit which is xerox copy of key lay out with Mangal Font and key lay out for Kruti Dev Font, to demonstrate that both the keyboards are totally different. In fact there is no similarity between them. The petitioners have also given detail illustrations in their pleadings to highlight the difference between the two lay out of the keyboards and their use.
Learned Senior Counsel for the first respondent has made following submissions:-
i) there are only few petitioners who have challenged the selection'
ii) High Court has received a communication dated 22.7.2014 from the Member (Judicial) E-Committee, Supreme Court regarding use of UNICODE Fonts for the regional language;
iii) in the advertisement it was not necessary to mention the Font to be used.
I have considered the rival submissions of learned counsel for the parties, I find that the petitioners have made out a prima facie case.
The lay out of the keyboard of Kruti Dev and Mangal Font is entirely different. Indisputably, Kurti Dev Font is commonly used in High Court and subordinate courts, therefore, the petitioners have been under impression that their Computer Typing Test shall be held in commonly used Kruti Dev Font.
In my view the petitioners have not been given sufficient time to prepare themselves for change of Font. The High Court has received communication of the Supreme Court in July, 2014. The advertisement was issued on 5th September, 2014 but no indication was given in the advertisement about the use of a particular Font.
The petitioners have brought on the record advertisement issued by the other Government Departments and Institutions as illustration to establish that Fonts are mentioned in the Advertisement itself.
For the reasons mentioned above, it is directed that the selection may go on but the result in respect of five petitioners herein shall not be declared till the next date of listing. The petitioners are at liberty to appear in the Examination without prejudice to their rights.
Learned counsel for the first respondent prays for and is granted ten days time to file counter affidavit. Rejoinder, if any be filed within a week thereafter.
List this case on 6th July, 2015, before the appropriate Bench.
Order Date :- 21.5.2015
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Asif Rais (Private) 23 January 2017
Asif Rais (Private) 23 January 2017
Asif Rais (Private) 23 January 2017
Dr. Atul [9013898936] (Lawyer, Scholar) 24 January 2017
Wow..man, just wow! I was suspecting this and now you have confirmed it - pasting stickers on the keyboard thereby obstructing touch typing cues; that is insane. On a preliminary glance, I can see this:
1. Correct me if I'm wrong, but your skill test was in English (so far as I can make out from your Admit Card). So - as stated in CRPF's reply - why was bilingual keyboard provided to candidates? (I'm not asking this from you! That is quesiton to be put to CRPF in a Petition, if you pursue one). If the test was NOT supposed to quantify both English and Hindi typing skills, CRPF ought to have given standard QWERTY English keyboard and not a bilingual keyboard. You have very clearly raised this objection of Hindi stickers in your complaint and not properly respondend to in the CRPF reply...I feel that is in your favor.
Limitation of this Ground: Same keyboard was given to everybody and it would be nearabout impossible to prove that your keyboard was any different from others. Yes, blocking touch-typing-cues by stickers is unfair, but it was the same for everybody, so there was no special discrimination agaisnt you. (by touch-typing-cues, I'm referring to what is technically called 'surface features' also known as 'raised dot' or 'raised dash').
2. Do you, by any chance, remember what keyboard make and model was provided? If it was a genuine Bilingual-Keyboard (like TVS Champ for example) you most probably have no case, because such keyboards have both Hindi and English alphabets printed on the button itself and touch-typing is not hindered on them. If, on the other hand, it was an English keyboard on which Hindi alphabets were pasted with stickers, that would block the touch-typing-cues.
My concusion: You have an arguable case:
1. Your skill test was in English then why were Bilingual Keyboard provided (admitted fact).
2. The Bilingual Keyboard that were provided were original English keyboard with stickers in Hindi pasted on it. Pasting of sticker can obviosuly not be uniform on each and every keyboard as it is done manually, not by robots! So on some keyboards touch-typing-cues might be avaiable and not blocked by stickers, on some it might be partly covered by stickers, on some it might be fully covered by stickers. In either case, it introduces an element of arbitrariness and inequality between candidates. NOW, this YOU have to esablish. Try to find out what kind of keyboards were used in the examination and some proof that Bilingual Keyboards were really English keyboards with Hindi stickers on them.
A HINT: Make an Application under RTI to CRPF seeking information:
i) Do CRPF offices use typing in Hindi?
ii) Which keyboard Font layout is used by CRPF in typing in Hindi?
iii) What is the make and model of keyboards used by CRPF for typing in Hindi?
iv) How many keyboards as referred to in (iii) are in possession of CRPF Recruitment Training Center, Amethi, Uttar Pradesh?
(no need to refer to recruitment examination or your specific grievance in this RTI Application).
By a separate RTI, specifically ask for information on make and model number of keyboards supplied to candidates for the Skill Test for the post of Head Constable (Ministerial) 2015-16 at the GC Lucknow on 29.12.2016.
If you can somehow prove pasting of stickers on the keyboard, my feeling is, you have a good case.
3. The CRPF Reply does not directly respond to your very specific grievance of stickers on keyboard and merely makes a passing reference to Bilingual Keyboards.
I will get back to you if I can think of something else, but I think, these three can give you an arguable case.
As for the costs in pursuing the case dear, I really can't say. I've never practiced in Uttar Pradesh so I really don't know how much a decent High Court lawyer in U.P. charges. May be better if you a raise a separate query for that in this Forum and some practicing member from U.P. might be in a better position to assist you.
PS: Confirm is this is your recruitment advertisement. If I can add anything else, I'll get back to you in this Post.
Dr. Atul [9013898936] (Lawyer, Scholar) 24 January 2017
Asif Rais (Private) 24 January 2017
Sir below are the answers which you want to hear from me. Questions are yours and answers are mine
Q- Yes, blocking touch-typing-cues by stickers is unfair, but it was the same for everybody, so there was no special discrimination agaisnt you. (by touch-typing-cues, I'm referring to what is technically called 'surface features' also known as 'raised dot' or 'raised dash'). 2. Do you, by any chance, remember what keyboard make and model was provided? If it was a genuine Bilingual-Keyboard (like TVS Champ for example) you most probably have no case, because such keyboards have both Hindi and English alphabets printed on the button itself and touch-typing is not hindered on them. If, on the other hand, it was an English keyboard on which Hindi alphabets were pasted with stickers, that would block the touch-typing-cues.
A- Yes sir sticker is pasted on the Keyboards and there were 30 computers in my Classrooms in which stickers are pasted on 20 or 23 computer keyboards and rest 10 or 7 Computer keyboards are Not Sticker pasted Nor Bilingual Keyboard like TVS Champ. They are wrong by saying proper bilingual keyboards are provided to all this candidates. I am also thinking why all the keyboards are not sticker pasted, now i thought that i think they are giving benefits to some candidates ( This is my thought). So at last Stickers are pasted on the keyboards and it covers a full key of the keyboard not partially. Also in 30 computers more than 5 Brand keyboard are Used there, I had seen Quantum, Intex, and more brands keyboards on computers. Sir i am helpless as already more than 20 days is passed and 2 Grievances and 2 RTI are filed and more than 5 Email i had sent to DG CRPF but i only received the response of only 1 Grievance which i shown you earlier in Link 2. Sir my typing speed is more than 45 words per minute with accurancy 97 percent plus still i lost my accurancy at their centers due to their bad keyboards and most important reason is sticker pasted on the keys which forced me to type by seeing the Keys and result is i lost my accurancy. Sir most important thing is that CRPF typing test last date was on 7 Feb 2017 after that they will announce the result so how can i stop them or request them to put the result on hold or Leave a 1 vacancy blank for me? Should a High Court will help me or not? Also i am not forcing them to select me i am only requesting them to take my Typing retest. Plz help me. Sir plz see the below link in which you can read my 2 Grievances and 2 RTI application h
ttps://drive.google.com/open?id=0B61SBMoGjedPZFhzZkt3a21ROW8 Also tell me that will i win the case and how can i file a petition in High Court.
Dr. Atul [9013898936] (Lawyer, Scholar) 25 January 2017
Hi Asif. I'm really sorry but no one can ever tell you whether you will win a case or not, and, anybody who does so is probably not being honest with you. What I can say though, is that I find your case unique and arguable and, with a well drafted Petition and a decent lawyer, I would expect a High Court to give you a fair hearing. Get in touch with a good High Court lawyer (there I cannot help you, you'll have to find someone from your State); file a Writ Petition and seek an interim stay to keep the selection process in abeyance, stating the ground of urgency as the possibility of final closure of selection process. All the best.
You may use the following points if you want (yeah, I have too much free time this morning, and this case interests me):
* Describe and elucidate the concept of ‘touch-typing’ which is material to your grievance and has a direct bearing thereon. Professional typists are trained to and, with practice, are accustomed to type speedily and accurately without looking at the keys on the keyboard while typing. This is in complete contrast to non-professional users of keyboard who have to necessarily look repeatedly at the keyboard to maintain reasonable accuracy in their typing, at a severe cost to speed of typing (such manner of typing being generally referred to as ‘sight typing’). Professional typists achieve ‘touch typing’ owing to their training and intensive practice through which, such professional typists learn to develop a ‘touch sensitivity’ towards a characteristic feature of keyboards which is known as a ‘surface feature’. A ‘surface feature’ refers to a ‘raised dash’ (-) or a ‘raised dot’ (.) shape which is protruding on the surface of ‘F’ and ‘J’ alphabet keys in standard English language computer keyboards as well as typewriters all around the world. A representative photograph of a standard English typing keyboard may be attached with the Petition. Also, find some books or reading material used by typing teaching schools, which would highlight this aspect, and annex it with the Petition.
* By resting his fingers on ‘F’ and ‘J’ keys, a professional typist is, by training and by an acute sense of touch developed with use and practice, aware of relative position of all other keys on the keyboard without looking at the keyboard. The underlying concept is fundamentally not dissimilar from the one applied in facilitating reading by visually impaired individuals through Braille. Such ‘surface feature’ is neither an addition nor a benefit over and above the standard features of all keyboards. In the event that such protuberances such as ‘raised dash’ are removed from the designated keys, the entire training of a professional typist comes to a naught.
* For some situations and uses, a keyboard might be required to type Hindi language in Devnagari scriptt. Keyboards originally meant for typing in English may be manually adapted for typing in Hindi by pasting stickers of Hindi alphabets over the original English alphabet keys/buttons.
* The 'Skill Test' that you appeared for was for examining typing in English so there was no need for a Bilingual Keyboards at all (a supply of which has been admitted by CRPF).
* In course of the ‘Skill Test’ conducted by the CRPF some of the keyboards provided to the candidates were such that stickers in Hindi alphabet were pasted on the buttons i.e. the keyboards had been manually adapted for Hindi. In such keyboards, the ‘surface feature’ was pasted over with an alphabet sticker, thus, completely suppressing the protruding ‘surface feature’. Such modified bilingual keyboards thereby placed you at a position of severe disadvantage and handicap vis-à-vis all other candidates at all venues, who had been provided with standard keyboards with ‘surface features’.
* Supplying keyboards in which the ‘surface feature’ had been pasted over and masked by a sticker is tantamount to testing the skills on a non-standard instrument which was neither spelt out in the conditions of examination nor has any nexus whatsoever with the typing skill sought to be examined. This amounts to arbitrarily introducing a new condition of test de facto and randomly for some candidates who were unfortunate to have received such keyboards with stickers. Such supply of altered keyboards randomly to some candidates demonstrates complete non-application of mind on part of CRPF in conducting the examination to the grave prejudice of candidates.
* Such arbitrary and unjust actions of CRPF caused grave loss to you and deprived you of a right to be treated equally with all other candidates in the same category. The unfair and unreasonable actions of CRPF deprived you a right to be considered for selection lawfully and fairly in terms of the rules and procedures which ought to have been applied equally and in the same manner to all the candidates.
Asif Rais (Private) 29 January 2017
Asif Rais (Private) 30 January 2017
Sir i am happy that you are helping me in my case. Today i talked with a lawyer and detailed him every talk and letters which i sent including RTIs and Grievance details. He is agree and ready to take my case but i asked him about Fee and he said it will take roundabout 10,000/- rs. Sir this amout is very big for my because my salary is only 8000 per month. So please tell me that will i go ahead and file the case or any other way is there? I will happy if you provide me some help? If 10,000 fee is normal than ok I will sacrifice and pay. Plz Help.
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