ASHOK BHUSHAN, J. ( 1 ) HEARD counsel for the petitioner and learned standing counsel. Counter and rejoinder-affidavits have been exchanged and with the consent of the parties counsel, the writ petition is disposed of. ( 2 ) BY this writ petition, the petitioner has prayed for quashing of the order dated 2nd/3rd July. 2001 and order dated 18th September, 2001. A further writ has been prayed for directing the district Magistrate, Etawah, to allow the petitioner to discharge her duty as clerk-copyist in his department without hindrance and continue paying her salary regularly month to month along with arrears of salary. ( 3 ) THE facts of the case which emerge from the pleadings of the parties are ; the petitioners husband, late Sri Sunil Kumar Tiwari, was working as a clerk in the office of Collector, Etawah. He died on 8th April, 2000, while in service. The petitioner, who is a post graduate, claimed employment as dependent of deceased employee. The Collector vide his order dated 27th April, 2000, has given appointment to the petitioner was dependent of deceased employee on the post of clerk-copyist in the pay scale of Rs. 3. 050-4,590. In the appointment letter, a condition was also Incorporated that petitioner in the next three months should acquire necessary knowledge of typing and if she does not acquire necessary efficiency in typing, her services will be terminated. The petitioner in pursuance of the order dated 27th April. 2000, submitted her Joining on 28th april, 2000, which was accepted and she started working. A notice was Issued on 9th August, 2000, to the petitioner that petitioners typing speed has been found to be less than 25 words per minute which was depicted in the examination held on 7th August, 2000. The petitioner was directed to acquire necessary efficiency within 15 days. Several other notices were Issued and subsequently on 3rd July, 2001, a letter was issued to the petitioner that petitioner may submit her joining after she becomes fit for typing and till that period, there is no requirement of her coming in the office. The petitioner submitted an application on 9th July. Several other notices were Issued and subsequently on 3rd July, 2001, a letter was issued to the petitioner that petitioner may submit her joining after she becomes fit for typing and till that period, there is no requirement of her coming in the office. The petitioner submitted an application on 9th July. 2001, to the Collector stating that although she has knowledge of typing but while typing with a fast speed, she develops pain in her left hand and the doctors have advised her not to do typing work, she further stated that the fact that her knowledge of typing is less than 25 words per minute does not mean that she has only preliminary knowledge of typing. It has been stated that petitioner has one minor son of six years. She further stated that she would improve her knowledge of typing if the time is allowed. On 18th September, 2001, notice was again issued that petitioner is finally allowed three months time to acquire knowledge of typing according to prescribed standard, The petitioner has come up in the writ petition in view of the aforesaid facts. ( 4 ) A counter-affidavit has been filed by the respondents in which it has been stated that for the post of clerk-copyist, the essential qualification is that the candidate must know typing work. The petitioner did not have knowledge of typing and taking a lenient and sympathetic view, her appointment was made on the post of clerk-copyist. It has been stated that petitioner was given several opportunities but she has not acquired necessary speed in the typing. ( 5 ) THE petitioner has filed a rejoinder-affidavit bringing on the record, the letter of the Collector to the effect that petitioners claim for submitting joining has been rejected. The counsel for the petitioner Sri Vinod Mishra, in support of the writ petition, has made following submissions : (1) Under the relevant service rules, there is no requirement of knowledge of typing at the speed of 25 words per minute for the post of clerk-copyist, hence the incorporation of the said condition in the appointment letter was wholly vofd and inoperative. (2) Since there is no requirement under law for the petitioner to possess the speed of typing, the respondent cannot create hindrance in functioning of the petitioner on the post of clerk-copyist and the action of the respondent in not permitting the petitioner to join her service and pay salary is wholly arbitrary. ( 6 ) LEARNED standing counsel, refuting the submissions of counsel for the petitioner, contended that petitioner having accepted the appointment letter with the condition that she was to acquire requisite knowledge of typing within three months, she is now estopped from challenging the said condition. He has further submitted that Collector has every jurisdiction to incorporate any additional condition for the appointment. ( 7 ) AFTER having heard counsel for the parties and after perusing the record, it is clear that the two questions which have arisen for determination In this case are firstly, as to whether essential qualification for the post of clerk-copyist requires knowledge of typing with speed of 25 words per minute and secondly, whether Collector can incorporate an additional qualification in the appointment letter apart from qualification prescribed in statutory rules. ( 8 ) THE appointment on the post of clerk-copy 1st is made in accordance with the Uttar Pradesh district Offices (Collectorates) Ministerial Service Rules, 1980. Rule 5 refers to various categories of post, which includes post of Copyist as well as post of typist. Rule 8 of the aforesaid rules provides for academic qualification. Rule 8 of the aforesaid Rules is extracted below : "8. Academic qualifications.--A candidate for direct recruitment to the various posts in the service must possess the following qualifications : post Qualification 1. For the posts in Category a As prescribed In the Subordinate offices Ministerial Staff (Direct or recruitment) Rules. 1975 : provided that in the case of the post of typist a candidate must also possess a minimum speed of 26 words per minute In Hindi typewriting : provided further that for the post of Teleprinter Operator a candidate must also possess a minimum speed of 40 words per minute in English typewriting. 2. 1975 : provided that in the case of the post of typist a candidate must also possess a minimum speed of 26 words per minute In Hindi typewriting : provided further that for the post of Teleprinter Operator a candidate must also possess a minimum speed of 40 words per minute in English typewriting. 2. Stenographer (Grade I or II) (i) Intermediate Examination of the Board of High School and intermediate Education Uttar pradesh or an examination recognised by the Governor as equivalent thereto ; and (ii) a minimum speed of 80 words per minute in Hindi shorthand and 30 words per minute in Hindi typewriting. " from Rule 5 of the aforesaid rules. It is clear that post of copyist is included in Category-A, rule 8 of the aforesaid rules while referring the qualification for the post in Category-A refers to qualifications as prescribed in Subordinate Offices of Ministerial Staff (Direct Recruitment)Rules, 1975. Rule 12 of the aforesaid 1925 Rules prescribes qualification which is extracted below : "12. Academic qualifications.--A candidate for direct recruitment must have passed the intermediate Examination of the Board of High School and Intermediate Education, Uttar pradesh, or an examination declared by the Governor as equivalent thereto : provided that in the case of post of typist a candidate must also possess minimum speed of 25 words a minute in Hindi typewriting. " ( 9 ) FROM the perusal of Rule 8 of 1980 Rules as well as Rule 12 of 1975 Rules, it is clear that requirement of minimum speed of 25 words per minute in Hindi is prescribed only for the post of typist and with regard to other posts, there is no requirement of typing nor that is the essential qualification prescribed for the posts. The qualification for the post of copyist as appears from rule 12 of 1975 Rules is only Intermediate. The petitioner being post-graduate is fully qualified for the post of copyist. The learned standing counsel has also not been able to place any other rule or Government order which prescribed requirement of knowledge of typing for the post of copyist. From the above discussions, it is clear that there is no statutory requirement of knowledge of typing with speed of 25 words per minute for copyist and the insistence of respondents for acquiring that qualification by the petitioner is unjustified. From the above discussions, it is clear that there is no statutory requirement of knowledge of typing with speed of 25 words per minute for copyist and the insistence of respondents for acquiring that qualification by the petitioner is unjustified. Further the respondents have also acted contrary to the rules in not permitting the petitioner to join her duties on the post of copyist on the pretext that she has not acquired the requisite knowledge of typing. ( 10 ) THE counsel for the petitioner has placed reliance on a judgment of this Court dated 12th october. 1993 in Writ Petition No. 30600 of 1991, Onkar Singh v. State of U. P. , and others. In the aforesaid judgment, this Court clearly held that for the appointment on the post of clerk, there is no requirement of knowledge of typing. A copy of the said judgment has been annexed as annexure-10 to the writ petition. The said decision clearly supports the contention of the counsel for the petitioner. ( 11 ) THE contention of learned standing counsel, is that the petitioner having accepted the appointment, is now estopped from challenging the condition which was incorporated in the appointment letter. The petitioner has claimed appointment as dependent of deceased employee. Appointment as dependant of deceased employee has to be given a regular appointment. The post which has been mentioned in the appointment letter is a post of copyist belonging to clerical cadre. The post having already mentioned in the appointment letter, the mention of condition that petitioner should acquire knowledge of typing was uncalled for. The aforesaid condition having been added in the appointment letter contrary to the rules and requirement of qualification as prescribed in the rules, no prejudicial action can be taken against the petitioner on the basis of the aforesaid prescription. The petitioner has every right to contend that she cannot be prejudiced in any manner from not fulfilling the above condition. The respondents could have emphasised only when some qualification is lacking as required by rule. The petitioner who was widow has accepted the appointment as dependent of deceased employee. In such circumstances, it will be harsh to accept that she is estopped from challenging the said condition. The respondents could have emphasised only when some qualification is lacking as required by rule. The petitioner who was widow has accepted the appointment as dependent of deceased employee. In such circumstances, it will be harsh to accept that she is estopped from challenging the said condition. The petitioner accepted the appointment due to the fact that her husband had died and she was in need of appointment under the U. P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. In such situation, the contention of learned standing counsel that she is estopped from challenging the said condition cannot be accepted. The condition which is contrary to the rules and not permissible in the rules can always be challenged. ( 12 ) THE provisions of the U. P. Recruitment of Dependants of Government Servants Dying in harness Rules, 1974, have also to be looked into to find out the nature and entitlement of the appointment given to the petitioner. As noted above, the qualification for clerk-copyist provided under the statutory rules is only Intermediate. Rule 4 of 1974 Rules gives overriding effect to 1974 Rules. Rule 4 is quoted as below : "4. Overriding effect of these rules.--These rules and any orders issued there under shall, have effect notwithstanding anything to the contrary contained in any rules, regulations or orders in force at the commencement of these rules. Rule 5 of 1974 Rules requires giving a suitable employment if such person fulfils the educational qualification prescribed for the post. Rule 5 of 1974 Rules is quoted as below : "5. Recruitment of a member of the family of the deceased.--In case a Government servant dies in harness after the commencement of these rules, one member of his family who is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government shall, on making an application for the purpose, be given a suitable employment in Government service which is not within the purview of the State Public Service Commission in relaxation of the normal recruitment rules, provided such member fulfils the educational qualifications prescribed for the post and is also otherwise qualified for Government service. Such employment should be given without delay and, as far as possible, in the same department in which the deceased Government servant was employed prior to his death. Such employment should be given without delay and, as far as possible, in the same department in which the deceased Government servant was employed prior to his death. " ( 13 ) RULE 5 (1) thus clearly entitles a dependent of a deceased employee to get a suitable employment if he or she fulfils the educational qualification prescribed for the post. Thus, the petitioner acquired entitlement under Rule 5 to get an appointment according to her qualification. The petitioner fulfilling the educational qualification for the post of clerk-copyist was clearly entitled for appointment. Thus, in view of 1974 Rules, the entitlement of the petitioner on fulfilling the educational qualification as required under Rule 5 cannot be denied. Thus, if the respondent is allowed to terminate the services of the petitioner on the ground that petitioner has not acquired efficiency in typing, the same will militate the object against Rule 5 of 1974 Rules. If a dependent of deceased employee fulfils the educational qualification, - neither she can be denied appointment nor insistence of fulfilling any other qualification can be made. ( 14 ) THE second question which has arisen for decision in this case is as to whether Collector could Justifiably incorporate an additional eligibility in the appointment letter apart from the qualifications prescribed in the statutory rules. As observed above, the statutory rules which govern the appointment on the post of clerk-copyist require fulfilling of qualification of only intermediate. The requirement of minimum speed of 26 words per minute in Hindi is only with regard to post of typist. The petitioner was not appointed on the post of typist. The question as to whether apart from qualifications prescribed in the rules, any other qualification can be prescribed by the employer or the selecting authority had been engaging attention of this Court and Apex Court in several cases. It is well-settled that theState Government or the rule-making authority can always issue executive instructions on a subject-matter which did not run contrary to the specific rules. Any requirement can be supplemented by executive instructions. In the present case, neither any Government order nor any other executive Instructions by the competent authority has been claimed requiring possessing of typing by a clerk-copyist. Any requirement can be supplemented by executive instructions. In the present case, neither any Government order nor any other executive Instructions by the competent authority has been claimed requiring possessing of typing by a clerk-copyist. Since in the present case, neither any such executive instruction or Government order is claimed nor has been brought on the record, there is no necessity to decide the issue as to whether any such prescription in addition to qualification prescribed in the statutory rules can be provided for or not. Admittedly, in the present case, the condition of requirement of efficiency in the typing was incorporated by the Collector who is appointing authority. The authority who is appointing authority or selecting authority cannot lay down any new eligibility for recruitment which is not prescribed in the statutory rules or by valid executive instruction. In the present case, the service conditions are governed by the statutory rules framed under Article 309 of the Constitution. The apex Court in Dr. Krushna Chandra Sahu and others v. State of Orissa and others, 1996 (6) SCC 1 , had occasion to consider as to whether selection board or any other selection committee have any jurisdiction to lay down criteria for selection unless they are authorised specifically in that regard by the rules. It was held in paragraphs 34, 35 and 36 of the aforesaid judgment : "34. The Selection Committee does not even have the inherent jurisdiction to lay down the norms for selection nor can such power be assumed by necessary implication. In P. K. Ramchandra Iyer v. Union of India, it was observed : (SCC pp. 180-181, para 44)By necessary Inference, there was no such power in the A. S. R. B. to add to the required qualifications. If such power is claimed, it has to be explicit and cannot be read by necessary implication for the obvious reason that such deviation from the rules is likely to cause irreparable and irreversible harm. 35. Similarly, in Umesh Chandra Shukla v. Union of India, it was observed that the Selection committee does not possess any inherent power to lay down its own standards in addition to what is prescribed under the rules. 35. Similarly, in Umesh Chandra Shukla v. Union of India, it was observed that the Selection committee does not possess any inherent power to lay down its own standards in addition to what is prescribed under the rules. Both these decisions were followed in Durgacharan Misra v. State of Orissa, and the limitations of the Selection Committee were pointed out that it had no jurisdiction to prescribe the minimum marks which a candidate had to secure at the viva voce. 36. It may be pointed out that rule-making function under Article 309 is legislative and not executive as was laid down by this Court in B. S. Yadav v. State of Haryana. For this reason also, the Selection Committee or the Selection Board cannot be held to have jurisdiction to lay down any standard or basis for selection as it would amount to legislating a rule of selection. " ( 15 ) IN Mohd. Riazul Usman Gam and others v. District and Sessions Judge, Nagpur and others, 2000 (2) SCC 606 , the question arose before the Apex Court as to whether prescription of additional criteria can be laid down apart from qualifications prescribed in the rules. In the aforesaid case, although the Apex Court held that where there are large number of candidates. It is permissible to lay down a criteria but the said criteria must be reasonable and not arbitrary. In the aforesaid case, for selection on the post of peon, the rule required possessing of qualification up to Class IV. The advisory Committee laid down a criteria for short listing the candidates. The aforesaid criteria provided that candidates passing Class IV and up to Class VIII should only be considered. The aforesaid criteria was not approved by the Apex Court. It was held in paragraphs 21 and 22 of the said judgment : "21. A criterion which has the effect of denying a candidate his right to be considered for the post on the principle that he is having higher qualification than prescribed cannot be rational. We have not been able to appreciate as to why those candidates who possessed qualifications equivalent to S. S. C. examination could also not be considered. We are saying this on the facts of the case in hand and should not be understood as laying down a rule of universal application. 22. We have not been able to appreciate as to why those candidates who possessed qualifications equivalent to S. S. C. examination could also not be considered. We are saying this on the facts of the case in hand and should not be understood as laying down a rule of universal application. 22. We do not think, therefore, that criterion four as laid down by the Advisory Committee constituted under the Rules and upheld by the High Court is in any way reasonable or rational. By adopting such a course the High Court has put its stamp of approval to another type of reservation for recruitment to the service which is not permissible. A poor person can certainly acquire qualification equivalent to S. C. C. Examination and not that he cannot go beyond standard VII. Perhaps by restricting appointment to a candidate having studied only up to standard VII the High Court may not be encouraging dropouts. " ( 16 ) THE principles laid down by the Apex Court are applicable in the present case. If the criteria of having efficiency in typing Is applied to the qualification of Intermediate, the said prescription will disentitle the petitioner and other persons who are otherwise eligible for the post of clerk-copyist. ( 17 ) IN view of the aforesaid, the requirement of having speed of typing with 25 words per minute as incorporated by the District Magistrate in the appointment letter was wholly arbitrary and contrary to the rules. Furthermore, the petitioner being appointed as dependent of deceased employee cannot be ousted from service on that ground. ( 18 ) IN view of the aforesaid discussions, it is clear that petitioners appointment vide order dated 27th August, 2001, was a regular appointment made in accordance with provisions of the U. P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 and she is entitled to continue on the post of copyist in the clerical cadre. The action of respondent in not permitting her to continue on the ground that she has not acquired the knowledge of typing is unjustified. The orders dated 3rd July, 2001 and 18th September, 2001, are quashed. The respondent is directed to permit the petitioner to continue on the post of copyist in clerical cadre and to pay her salary regularly for the post in accordance with law. The orders dated 3rd July, 2001 and 18th September, 2001, are quashed. The respondent is directed to permit the petitioner to continue on the post of copyist in clerical cadre and to pay her salary regularly for the post in accordance with law. ( 19 ) WITH regard to entitlement of the petitioner for salary during the period she was not allowed to function, it is open to the petitioner to submit a detailed representation to the District magistrate/collector. Etawah, who will consider the same and pass appropriate orders in accordance with law. The said order will be passed by the respondent within three months from the date of production of a certified copy of this order. ( 20 ) THE writ petition is allowed as Indicated above. .