ANJALI SHAW AND ANOTHER vs UNION OF INDIA TH. SECRETARY, MINISTRY OF CONSUMER AFFAIRS AND PUBLIC DISTRIBUTION AND OTHERS
- Court
- Jammu and Kashmir High Court
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case No: WP(C) No. 2127/2026
Reserved on : 15.10.2026
Pronounced on :05.11.2026
Uploaded on: 06.11.2026
Anjali Shaw and another
….Petitioner(s)….
Through: Mr. Abhinav Sharma, Sr. Advocate
with
Mr. Abhirash Sharma, Advocate
Mr. Vansh Verma, Advocate
v/s
Union of India and others …..Respondent(s)
Through: Mr. Jahangir Iqbal Ganaie, Sr.
Advocate with
Mr. Ahtsham Hussain Bhat,
Advocate
CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
JUDGMENT
1. The petitioners, through the medium of the present petition,
have challenged orders dated 11.06.2026 and 17.06.2026
issued by respondent No. 3, whereby the petitioners have
been discharged from the service of the Food Corporation of
WP(C) No.2127/2026 Page 1 of 18
India with immediate effect on payment of pay/allowances in
lieu of the notice period of thirty days. Vide impugned order
dated 11.06.2026, petitioner No. 1 has been discharged from
the service, whereas vide impugned order dated 17.06.2026,
petitioner No. 2 has been discharged from the service.
2. It appears that respondent No. 2 issued advertisement notice
dated 03.09.2022, inviting zone-wise applications for various
posts, including 36 posts of Assistant Grade-III (Hindi) in the
North Zone. The prescribed qualification for the post of
Assistant Grade-III (Hindi) was a degree from a recognized
University with Hindi as the main subject and a
certificate/diploma course in translation from English to
Hindi and vice-versa of at least one year’s duration. In the
advertisement notice, it was further provided that, to assess
possession of the skill of Hindi typing, the same would be
tested at a speed of 30 WPM during the period of probation
and that confirmation shall be subject to the candidate
qualifying the prescribed typing test.
3. The petitioners responded to the aforesaid advertisement
notice as they were fulfilling the eligibility criteria as
mentioned under the Food Corporation of India (Staff)
Regulations, 1971 (hereinafter referred to as the “Staff
Regulations”). The online test of eligible candidates was to be
WP(C) No.2127/2026 Page 2 of 18
conducted in two phases. The petitioners, after qualifying
Phase-I, appeared for Phase-II of the online test. Based upon
their performance in the selection process, they came to be
selected and appointed as Assistant Grade-III (Hindi) in the
North Zone of the Food Corporation of India vide
appointment orders dated 26.04.2025 and 29.10.2024,
respectively. Petitioner No. 1 submitted her joining report on
21.05.2025, and petitioner No. 2 submitted her joining report
on 08.11.2024 at the Regional Office, Jammu, and started
discharging their duties.
4. The period of probation of one year was completed by
petitioner No. 1 on 25.04.2026 and by petitioner No. 2 on
28.10.2025, but their period of probation was neither
extended nor were they discharged from service. However,
after completion of the period of probation of one year, the
Assistant General Manager, FCI, Regional Office, Jammu,
vide his communications dated 30.04.2026, conveyed to the
petitioners that they had to appear in a Hindi typing test,
which would be conducted on 05.05.2026. These
communications were received by the petitioners on
01.05.2026, and they appeared in the typing test on
05.05.2026.
WP(C) No.2127/2026 Page 3 of 18
5. The petitioners were orally informed that they had failed to
qualify the typing test, and thereafter, vide communication
dated 22.05.2026, they were given another chance to undergo
the typing test, which was fixed for 25.05.2026. The
petitioners again appeared in the said test, and they were
informed that they had failed to clear the test.
6. In the backdrop of the aforesaid circumstances, respondent
No. 3 issued impugned order dated 17.06.2026 by placing
reliance upon Clause 14 of Circular dated 19.05.2023 and
circular dated 23.08.2025, as also Clause (ii) of the order of
appointment, discharged the petitioners from service on the
ground that they had failed to qualify the Hindi typing test.
7. The petitioners have challenged the impugned orders on the
grounds that Regulation 15 of the Staff Regulations do not
provide for passing any Hindi typing test for the purpose of
confirmation; therefore, the incorporation of the said
condition in the advertisement notice is contrary to the said
Regulation. It is being further contended that Regulation 15,
which deals with confirmation of probation, only provides
that an employee who satisfactorily completes his probation
shall thereafter be confirmed, and there is no requirement of
passing any test for confirmation. It has been contended that
there is no requirement of conducting a Hindi typing test, and
WP(C) No.2127/2026 Page 4 of 18
the only requirement is to conduct an examination in Hindi
translation and pass the same during the period of probation
for satisfactory completion of probation.
8. It has been contended that the post of Assistant Grade-III
(Hindi) was created after deletion of the post of Hindi Typist,
and it is not a case of substitution of the post of Hindi Typists.
It has also been submitted that there was no requirement under
the Staff Regulations for conducting the typing test during the
process of selection, and the said requirement was mandatory
only for selection to the post of Hindi Typist, which has
already been deleted. According to the petitioners, Circular
dated 23.08.2024, which provides for holding a typing test in
Hindi for confirmation of probation, was never published in
the Gazette notification and it does not have sanction of the
Central Government; therefore, the same does not have a
binding force besides being contrary to Regulation 15 of the
Staff Regulations. It has been submitted that Circular dated
19.05.2023, that was issued on the subject of
probation/confirmation, also does not provide for conducting
a typing test.
9. It has been contended that in terms of Regulation 15 of the
Staff Regulations, a probationer can be discharged only
during the period of probation, but the impugned orders have
WP(C) No.2127/2026 Page 5 of 18
been passed much after completion of period of one year of
probation; therefore, the same are not sustainable in law. It is
being contended that in the present case, there was no report
to the effect that the performance of the petitioners during the
period of probation was below the benchmark; as such, it was
not open to the respondents to discharge them from the
service. It has been contended that various other Regional
Offices of the North Zone have given more than two chances
for qualifying the Hindi typing test, but in the case of the
petitioners, they have been given only two chances without
providing sufficient time to prepare for the test.
10. It has been contended that as per the eligibility conditions
prescribed under the Staff Regulations, there is no
requirement of passing the Hindi typing test for appointment
to the post of Assistant Grade-III (Hindi), and it is not open to
the respondents to include the said eligibility condition after
the selection of the candidates. It has further been contended
that the petitioners have been discharged from service without
giving any notice to them and without affording them an
opportunity of being heard.
11. The respondents have contested the writ petition by filing
their reply. In the reply, it has been contended that the
advertisement notice, pursuant to which the petitioners were
WP(C) No.2127/2026 Page 6 of 18
selected, specifically stipulated that, having regard to the
nature of duties attached to the post of Assistant Grade-III
(Hindi), possession of Hindi typing skills at the prescribed
speed was mandatory and that confirmation of probation
would be subject to qualifying the prescribed Hindi typing
test. The petitioners, without raising any objection to any of
the terms and conditions incorporated in the advertisement
notice, participated in the recruitment process and accepted
the appointment. They cannot now turn around and challenge
the aforesaid condition, which was part of the advertisement
notice.
12. It has been contended that confirmation is dependent upon
satisfactory completion of probation and fulfilment of all
prescribed conditions. The petitioners were afforded adequate
and fair opportunities to qualify the mandatory Hindi typing
test, but they failed to qualify the test. Consequently, the
competent authority terminated their services strictly in
accordance with the conditions of their appointment and as
per the applicable circulars and Regulations.
13. It has been contended that the impugned discharge orders do
not cast any stigma upon the petitioners; therefore, there was
no need to issue prior notice to the petitioners before
discharging them from service. It has been contended that the
WP(C) No.2127/2026 Page 7 of 18
petitioners unconditionally participated in the Hindi typing
test on two occasions, and they cannot now challenge the
validity of the said tests when they have not raised any
objection at the time of participating in the tests. It has been
further contended that the petitioners have not challenged the
conditions of the advertisement notice providing for passing
the Hindi typing test for confirmation, and therefore, their
writ petition is bound to fail.
14. I heard learned counsel for the parties and perused record of
the case.
15. The admitted facts, which emanate from the pleadings, are
required to be noticed. The post of Hindi Typist was falling at
S. No. 31 of Part X of Appendix I of the Food Corporation of
India (Staff) Regulations. One of the eligibility conditions for
filling up the said post was typing speed of 30 words per
minute. By virtue of Notification No. 138 dated 27.07.2002,
the Staff Regulations came to be amended, and the post of
Hindi Typist mentioned at S. No. 31 of Part X of Appendix I
was deleted, and in its place, the post of Assistant Grade-III
(Hindi) was inserted at S. No. 7 below S. No. 6 which pertains
to Assistant Grade-II(Hindi) in Part XI of Appendix I to the
Staff Regulations.
WP(C) No.2127/2026 Page 8 of 18
16. The qualification prescribed for the post of Assistant Grade-
III (Hindi) are (i) a Bachelor’s degree from a recognized
University with Hindi as the main subject, (ii) proficiency in
English specifically for the purpose of translation, and (iii) a
certificate/diploma course in translation from English to
Hindi and vice versa of at least one year’s duration from a
recognized University/Institution approved by the
Government. Thus, as per the Staff Regulations, there is no
requirement for qualifying the Hindi typing test for
appointment to the post of Assistant Grade-III (Hindi) in
terms of the amended Regulations.
17. However, while issuing the advertisement notice dated
03.09.2022, one of the conditions mentioned with respect to
selection to the post of Assistant Grade-III (Hindi) provided
that to assess possession of the skill of Hindi typing, which
would be required for translation from English to Hindi and
vice- versa, Hindi typing at a speed of 30 WPM would be
tested during the period of probation. It was further provided
that confirmation of probation shall be subject to the
candidate qualifying the prescribed typing test. Thus, while
possession of skill of Hindi typing was not an eligibility
condition for participating in the selection process for the post
WP(C) No.2127/2026 Page 9 of 18
of Assistant Grade-III (Hindi), it was nevertheless
incorporated as a condition for confirmation of probation.
18. Regulation 15 of the Staff Regulations deals with probation.
As per the said Regulation, every person regularly appointed
to any post in the Corporation by direct recruitment shall be
required to be on probation for a period of one year from the
date of appointment. It is further provided that the appointing
authority may, in its discretion, extend the period of probation
by a further period not exceeding one year. The Regulation
also lays down that during the period of probation, an
employee directly recruited shall be liable to be discharged
from service without assigning any reason by giving him a
notice of 30 days or pay and allowances in lieu thereof. The
Regulation further goes on to provide that an employee who
has satisfactorily completed his probation in any post shall
thereafter be confirmed.
19. A perusal of Regulation 15 makes it clear that a newly
recruited employee in the Food Corporation of India has to be
kept on probation for a maximum period of two years. During
the period of probation, such an employee can be discharged
from service without assigning any reason by giving him 30
days’ notice or pay and allowances in lieu thereof. Further, an
WP(C) No.2127/2026 Page 10 of 18
employee who satisfactorily completes the period of
probation in any post shall thereafter be confirmed.
20. The question that arises for consideration is whether passing
a test can be incorporated as a condition for confirmation on
completion of probation and whether, in the absence of any
provision to this effect in the Regulations, the respondents are
vested with power to incorporate such a condition for
confirmation of an employee on completion of probation.
21. In the above context, if we have a look at the documents
placed on record by the respondents, which are not in dispute,
it is revealed that Circular No. EP-01-2023-14 was issued by
respondent FCI on 19.05.2023 with the approval of the
C&MD of the Food Corporation of India. As per Clause 17
of the said circular, a specific order of confirmation has to be
issued when the case is clear from all angles. Thus, unless and
until a specific order of confirmation is issued, an employee
on probation cannot be stated to have been confirmed, as there
is no provision for deemed confirmation. However, Clause 18
provides that an employee will be deemed to have
successfully completed the probation period if no order
confirming, discharging or reverting the employee is issued
within eight weeks after the expiry of double the normal
period of prescribed probation. This means that if the
WP(C) No.2127/2026 Page 11 of 18
probation of an employee is not confirmed within two years
of his appointment and he is not discharged from service, his
probation is deemed to have been confirmed.
22. Another provision in the said circular which is relevant to the
context is Clause 9, which provides that if, during the period
of probation, a probationer has not undergone the requisite
training course or passed the requisite departmental
examinations prescribed (proficiency in Hindi, etc.), if any,
by the Corporation, the period of probation may be extended
by such period or periods as may be necessary, subject to the
condition that the total period of probation does not exceed
double the prescribed period of probation. Thus, the circular
clearly provides that the Corporation has the power to
prescribe departmental examinations for testing proficiency
in Hindi, etc., and unless the said condition is fulfilled by a
probationer, his probation cannot be confirmed.
23. Another circular was issued by the respondent corporation on
23.08.2024, which provides that selected AG-III candidates
shall have to qualify the typing test at a speed of 30 words per
minute during the period of probation and that confirmation
of probation shall be subject to qualifying the prescribed
typing test.
WP(C) No.2127/2026 Page 12 of 18
24. From the above, it is clear that the respondent-Corporation
has issued circulars prescribing the conditions for
confirmation of probation. Although Regulation 15 does not
provide for passing any test prior to confirmation on
completion of the probation period yet, the subsequent
circulars have been issued by the respondent-Corporation to
lay down the conditions for confirmation of the probation.
25. Learned Senior Counsel appearing for the petitioners has
vehemently argued that such conditions cannot be laid down
through the medium of circulars issued by the Corporation.
He has contended that, as per Section 45 of the Food
Corporation of India Act, the Food Corporation, with the
previous sanction of the Central Government, has the power
to make Regulations, and these Regulations may provide for
the method of appointment, conditions of service and scales
of pay, etc., of all officers and employees of the Food
Corporation of India, other than the Secretary of the Food
Corporation of India. Therefore, unless a particular condition
for confirmation of probation is laid down in the Regulations,
with the previous sanction of the Central Government, and
published in the Official Gazette, the same cannot be relied
upon for considering the confirmation of probation of selected
candidates.
WP(C) No.2127/2026 Page 13 of 18
26. At its first blush, the argument appears to be attractive, but
when we examine the said argument after carefully analysing
the provisions of the Food Corporation of India (Staff)
Regulations, 1971 particularly Regulation 91 thereof the said
argument appears to be misconceived. Regulation 91 of the
Staff Regulations clearly provides that in case any doubt or
difficulty arises in interpreting the Regulations or in giving
effect to them, or if any lacuna, inconsistency or anomaly is
discovered in their application, it shall be open to the Board
to issue general instructions not inconsistent with the Act and
the rules and regulations made thereunder for the purpose of
removing such doubt, difficulty, lacuna, inconsistency or
anomaly. Thus, the Board of Directors of the Food
Corporation of India is vested with residual power under
Regulation 91 of the Staff Regulations, 1971. In terms of the
said Regulation, the Board, for giving effect to the
Regulations, is vested with the power to issue general
instructions not inconsistent with the Act, the Rules and the
Regulations.
27. It is in the exercise of the aforesaid power that the Board of
Directors of Food Corporation of India has issued circulars
dated 19.05.2023 and 23.08.2024. In terms of the circular
dated 19.05.2023, the Corporation has been vested with the
WP(C) No.2127/2026 Page 14 of 18
power to prescribe any test, examination or training, including
an examination in Hindi, for the purpose of considering
whether the probation period of a candidate is to be confirmed
or extended. By virtue of circular dated 23.08.2024, the Board
of the Corporation has clarified that the said test, in the case
of selected AG-III (Hindi) candidates, would be a typing test
at a speed of 30 WPM. Having regard to the fact that the test
prescribed for confirmation of AG-III (Hindi) candidates is
intended to test their skills in translation from English to
Hindi and vice-versa, it cannot be stated that the same is
extraneous to the discharge of functions by the candidates
selected as AG-III (Hindi).
28. For what has been discussed hereinbefore, it is clear that the
respondent-Food Corporation of India has the power to
prescribe the passing of a test or examination for candidates
for confirmation of their probation period, and such a test can
also be provided for the purpose of testing the Hindi typing
speed of the candidates. The respondents, by prescribing the
Hindi typing test as a condition for confirmation of probation
of the candidates selected for the post of Assistant Grade-III
(Hindi), have not committed any illegality, nor the same is
beyond the powers and competence of the Board of the Food
Corporation.
WP(C) No.2127/2026 Page 15 of 18
29. Apart from the above, the petitioners have not challenged the
condition regarding passing the typing test for the purpose of
confirmation of their probation, as contained in the
advertisement notice. They have participated in the selection
process, accepted the appointment orders and thereafter
participated even in the Hindi typing test without any demur.
They cannot now turn around and wriggle out of the condition
relating to passing of Hindi typing test
30. So far as the contention of the petitioners that no notice has
been issued to them before passing the impugned orders
discharging them from service is concerned, the same is
without any merit for the reason that, as per Clause (iii) of
Regulation 15 of the Staff Regulations, 1971, a probationer is
liable to be discharged from service without assigning any
reason by giving him a notice of 30 days or pay and
allowances in lieu thereof. In the present case, even though
the petitioners have been discharged after the completion of
the first year of their probation period, yet because their
probation period was not specifically confirmed, they are
deemed to be on probation. During the period of probation,
they are not entitled to any prior notice before their discharge.
The impugned orders are, therefore, perfectly in accordance
WP(C) No.2127/2026 Page 16 of 18
with the provisions contained in Clause (iii) of Regulation 15
of the Staff Regulations, 1971.
31. However, it appears that the petitioners have been hard done
by the act of the respondents in holding the Hindi typing test
without giving them adequate opportunity to prepare for the
said test. Only a couple of days have been given to the
petitioners to prepare for the test, as a result of which, they
have been unable to qualify the test. In these circumstances,
some sort of mechanism has to be devised to take care of the
interests of the petitioners
32. For what has been discussed hereinbefore, the writ petition is
disposed of by extending the following directions:
(i) The petitioners shall be permitted one last chance by
the respondents to appear in the Hindi typing test, and
they shall be given at least one month’s time to
prepare for the said test;
(ii) Till such time the fresh Hindi typing test of the
petitioners is held, the impugned orders discharging
them from service shall remain in abeyance;
(iii) In case the petitioners qualify the Hindi typing test,
the respondents shall withdraw the impugned orders
and issue confirmation orders in their favour,
provided there is no other legal impediment; and
WP(C) No.2127/2026 Page 17 of 18
(iv) In case the petitioners fail to qualify the Hindi typing
test, the impugned orders discharging the petitioners
from service shall take effect, and the petitioners
shall stand discharged from service.
(Sanjay Dhar)
Judge
Jammu
05.11.2026
Madan Verma-Secy
Whether order is speaking? Yes/No
Whether order is reportable? Yes/No
WP(C) No.2127/2026 Page 18 of 18