JUDGMENT The learned Single Judge has set aside an order dated 11 September 2014 passed by the Regional Transport Officer, Lucknow, requiring the respondent to appear for a typing test in order to consider his case for promotion from a class IV post to a class III post of Junior Assistant. 2. The Uttar Pradesh Transport Department Ministerial Service Rules, 1980 were superseded by the Uttar Pradesh Subordinate Offices Ministerial Group 'C' Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001. Under the Rules of 2001, the requirement to be fulfilled for recruitment by promotion was specified in Rule 8 (2), which reads as follows: "8. (2) Recruitment by promotion shall be made on the basis of merit as disclosed by marks obtained in the test for selection through the Selection Committee constituted under sub-rule (1). The test for selection shall include a simple written test, interview and evaluation of character roll. The maximum marks to be assigned for written test, interview and evaluation of character roll shall be as given below: (a) Written Test Thirty marks (b) Interview Ten marks (c) Evaluation of character roll Ten marks ------------- Total Fifty marks ------------- Note 1 - The written test shall include a single question paper. The question paper shall contain two questions. Each question shall carry fifteen marks. One question shall be on Hindi Essay writing on a simple topic and the other shall be on General Knowledge. Note 2 - Where recruitment by promotion is being made for the post of Typist or a post for which Hindi Typewriting is essential, there shall be conducted a qualifying test of Hindi Typewriting also, as prescribed by the Government from time to time. To qualify this test a candidate must have a minimum speed of twenty-five words per minute in Hindi Typewriting." 3. In view of Note 2, the requirement of a typing test was only where the promotion was being made for the post of Typist or a post to which the Hindi typewriting is essential. 4. In the counter affidavit, it was not the contention of the State that the Uttar Pradesh Government Department Ministerial Cadre Service Rules, 2014 would govern the selection in question. Absolutely, no factual foundation was led in regard to the vacancy to which the exercise relates or when the process was commenced. 4. In the counter affidavit, it was not the contention of the State that the Uttar Pradesh Government Department Ministerial Cadre Service Rules, 2014 would govern the selection in question. Absolutely, no factual foundation was led in regard to the vacancy to which the exercise relates or when the process was commenced. Hence, reading the 2001 Rules as they stand, the learned Single Judge, while relying upon the two judgments of the Division Bench of this Court in State of Uttar Pradesh Vs Umesh Chandra Srivastava1 and Sanjeev Sharma Vs State of Uttar Pradesh2, concluded that the requirement of a typing test was not mandated in the Rules of 2001. This view cannot be faulted. 5. We, therefore, find no merit in the special appeal. The special appeal is, accordingly, dismissed. There shall be no order as to costs.