Judgment S. J. Mukhopadhaya, J. 1. The petitioner has filed this writ-petition for direction on the respondents to appoint the petitioner to the post of Excise Clerk, a class-Ill post. 2. The brief facts of the case are as follows: four class-Ill posts of Excise clerk were vacant under the respondent-State. A requisition was made from Employment Exchange for filing up the said posts. The Employment exchange notified the vacancy in their notice-board. The copy of the appendix which was attached to the requisition has already been enclosed as Annexure-1. Apart from other qualifications, qualification of typing test in Hindi and english was also prescribed. While minimum 35 W. P. M. was fixed for typing test in Hindi, 30 W. P. M. was fixed for typing test in English. The petitioner, along with others, applied for appointment against the said post of Excise Clerk. He and others were called for test and the selection committee conducted English Typing and hindi Typing test. 3. At this stage, it is to be taken into note that out of four posts of excise Clerk, two posts were to be filled up from amongst general category person. One was reserved for scheduled caste category and another post was reserved for most backward category. The petitioner claimed to be of most backward category. 4. It has been alleged by the petitioner that in the merit list, the name of the petitioner was shown at serial No.3. He claims that the annexure-2 attached with the writ petition is the merit list. It is stated that while two persons, namely, Dilip Kumar pathak and Devesh Kumar have been appointed against the general category post, another person Sri Debi Lal soren has also been appointed against a post which was reserved for scheduled caste category. It is alleged that in spite of the fact that the petitioner is the number one person, from amongst the most backward cagtegory candidates but he has not been provided with appointment, though the post of Excise clerk reserved for most backward person is still lying vacant. 5. A counter-affidavit has been filed on behalf of the respondents. In their counter-affidavit, they took two folds stand. It was stated that the annexure-2 is not the merit list. It has also been stated that the petitioner has not passed in Hindi Typing test. 6. 5. A counter-affidavit has been filed on behalf of the respondents. In their counter-affidavit, they took two folds stand. It was stated that the annexure-2 is not the merit list. It has also been stated that the petitioner has not passed in Hindi Typing test. 6. A Bench of this court by its order dated 23-11-95 directed the respondents to produce the original copy of Annexure-2. 7. Today, the counsel for the State has produced the original copy of annexure-2 as well as the relevant file. After going through the original copy of annexure-2 and the relevant file, the following fact emerges: (i) Annexure-2 is not a merit list. The signatures of members of the selection Committee are not there in the original copy of the Annexure-2. (ii) On the other hand, it is evident from page-114 of the correspondence side of the file that the petitioner failed in Hindi Typing test having typed 20 W. P. M. though the requirement was 35 W. P. M. From the aforesaid facts, it is evident and clear that the petitioner having failed in Hindi Typing Test, cannot claim for appointment against the post of Excise Clerk. 8 At this stage, the counsel for the petitioner while accepting that the petitioner failed in Hindi Typing Test alleged that two other persons, namely, devesh Kumar as well as Debi Lal soren have also failed in English typing Test, and in their case, relaxation has been made and thereby they have been appointed on the post of excise Clerk against general category and scheduled caste category quota respectively. 9. From the file, at page 115 of the correspondence side, it is clear that devesh Kumar has obtained 180 out of 300 in English Typing test and has been declared successful therein. Therefore, the allegation for the petitioner against devesh Kumar cannot be accepted. So far as Debi Lal Soren is concerned, he has obtained 130 out of 300 in English typing test and has been declared unsuccessful therein. Such being the position, it is evident and clear that atleast in the case of Devi Lal Soren, the respondents have given appointment against the post of Excise Clerk, after relaxing qualification for passing in english Typing Test. 10. Such being the position, it is evident and clear that atleast in the case of Devi Lal Soren, the respondents have given appointment against the post of Excise Clerk, after relaxing qualification for passing in english Typing Test. 10. In the aforesaid background, I dispose of the writ petition with direction to the respondents to consider the case of the petitioner for such relaxation, while taking such decision relating to relaxation with respect to minimum qualifying mark in Hindi Typing Test, it will be open to the respondents to take into account as to whether Hindi typing test is a "must" for performance of the duty of Excise Clerk or not and in such typing test whether such relaxation can be given or not. Such decision is to be taken by the Excise Commissioner within a period of two months from the date of receipt/production of a copy of this order. Whatever the decision will be taken, the same be communicated to the petitioner. 11. The writ petition is disposed of with the aforementioned observations. Order accordingly