01Facts
The petitioners were appointed as Assistant Grade-III (Hindi) in the Food Corporation of India (FCI).
The recruitment advertisement stated that Hindi typing at 30 words per minute would be tested during probation and that confirmation would depend on passing the test.
p. 9After completing one year of probation, each petitioner was given two opportunities to take the typing test, but neither qualified.
pp. 3–6FCI discharged them from service, with immediate effect and payment in lieu of 30 days’ notice.
pp. 3–6They challenged the discharge orders, arguing, among other things, that the Food Corporation of India (Staff) Regulations, 1971 did not require a typing test for confirmation and that they had been discharged after their probation period without notice or a hearing.
pp. 4–702Issues
i.1. Whether FCI could prescribe a Hindi typing test as a condition for confirmation of probation through circulars, despite the absence of that condition in Regulation 15 of the Staff Regulations.
pp. 10, 13–15ii.2. Whether the petitioners could be discharged for failing the test after completing one year of probation, and whether prior notice or a hearing was required.
pp. 10, 16–17iii.3. Whether the petitioners were entitled to any relief given the short time provided to prepare for the tests.
p. 1703Law Applied
Regulation 15 of the Food Corporation of India (Staff) Regulations, 1971 requires direct recruits to serve a one-year probation, permits the appointing authority to extend probation by up to a further year, and allows a probationer to be discharged without assigning reasons on 30 days’ notice or pay in lieu; an employee who satisfactorily completes probation is to be confirmed.
pp. 10–11Regulation 91 empowers the FCI Board to issue general instructions, consistent with the Act, Rules and Regulations, to address difficulties or give effect to the Regulations.
p. 14The Court read this power alongside Circular No. EP-01-2023-14 of 19 May 2023, which permits prescribed examinations, including proficiency in Hindi, as a condition relevant to probation, and the circular of 23 August 2024 specifying a 30-WPM typing test for AG-III candidates.
pp. 11–13It also considered the recruitment advertisement’s express typing-test condition.
p. 9Provisions in the judgment · 1 · Linked ones open on LawLens
Food Corporations Act, 1964 Section 45
04Reasoning
The Court held that, although Regulation 15 itself does not prescribe a typing test, Regulation 91 authorised the Board to issue consistent instructions for implementing the Regulations.
pp. 13–15The Hindi typing requirement was connected to the duties of AG-III (Hindi), and the petitioners had also accepted appointments under an advertisement expressly making confirmation conditional on passing the test.
pp. 13–15The Court therefore found no illegality in imposing the test.
pp. 13–15It further held that, as the petitioners had not been specifically confirmed, they remained on probation and could be discharged under Regulation 15 without prior notice beyond the prescribed notice or pay in lieu; it rejected their challenge to discharge on that basis.
pp. 16–17However, the petitioners had been given only a couple of days to prepare for the tests, which the Court considered inadequate.
p. 1705Holding
The writ petition was disposed of with directions rather than allowing the challenge to the discharge orders.
p. 17FCI must give each petitioner one final opportunity to take the Hindi typing test, with at least one month to prepare; the discharge orders remain in abeyance until that test is held.
p. 17If a petitioner passes, FCI must withdraw that petitioner’s discharge order and issue a confirmation order, subject to any other legal impediment.
pp. 17–18If a petitioner fails, the discharge order will take effect.
pp. 17–18Original Court PDF
ANJALI SHAW AND ANOTHERvsUNION OF INDIA TH. SECRETARY, MINISTRY OF CONSUMER AFFAIRS AND PUBLIC DISTRIBUTION AND OTHERS
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