Madhya Pradesh High Court
Sher Singh vs General Administration ... on 28 April, 2022
Author: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 28th OF APRIL, 2022
WRIT PETITION No. 5772 of 2020
Between:-
SHER SINGH S/O SHRI RADHE SHYAM CHOUHAN ,
AGED ABOUT 36 YEARS, OCCUPATION: SERVICE
VILLAGE BADI BAGIYAPUR TEH. BHAGWANPURA
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI HARSHVARDHAN SHARMA - ADVOCATE)
AND
1. GENERAL ADMINISTRATION DEPARTMENT
PRINCIPAL SECRETARY VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. COLLECTOR / DISTRICT MAGISTRATE
KHARGONE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VISHAL SANOTHIYA - GOVT. ADVOCATE)
T h is petition coming on for admission this day, the court passed the
following:
ORDER
In the instant petition filed under Article 226 of the Constitution of India, a
challenge has been made to the order dated 31.01.2020 whereby the services of the
petitioner on the post of Asst. Gr. III has been terminated on account of not
clearing the Hindi Typing Test after being appointed on compassionate ground.
The petitioner was appointed on the post of Asst. Gr. III in the respondent-
department on compassionate appointment category in the year 2013 on account
of death of the petitioner's father late Shri Radhe Shyam Chouhan. The
appointment of the petitioner on the post of Asst. Gr. III was made subject to
qualifying the Hindi Typing Test as well as Diploma in Computer Application or
any equivalent examination in a time bound period, therefore, the petitioner
pursuant to his appointment and cleared the DCA examination in the year 2014,
Signature Not VerifiedDigitally signed by
SAN SOUMYA RANJAN
DALAI
Date: 2022.04.28
however, he failed to clear the Computer Proficiency Certification Test (CPCT)
17:37:32 IST
and could not secure the required percentage. A show cause notice dated
06.11.2019 was issued to the petitioner mentioning that since the petitioner has
failed to clear the Hindi Typing Test, therefore, why not his services be not
terminated. The petitioner filed reply to the aforesaid show cause notice and tried
to justify the delay in clearing the Hindi Typing Test and has categorically
mentioned that due to non-availability of any typing institute at the place of posting,
he could not clear the said test.
By the impugned order dated 31.01.2020, the services of the petitioner on
the post of Assistant Grade III has been terminated on account of not clearing the
Hindi Typing Test.
Counsel for the petitioner submits that if the petitioner is granted one year
time, he will make an endeavour to clear the CPCT test or alternatively be may be
offered an appointment on the post of Class-IV where CPCT is not an essential
qualification for Class-IV post. Counsel for the petitioner submits that the State
Govt. issued the Circular dated 26.02.2015 whereby Hindi Typing Test has been
replaced with the examination of the CPCT and has made it mandatory for all kind
of contractual or regular appointments. It is submitted that in the case of Kumari
Resham Meghwal vs. The State of M.P. & Anr. decided by order dated
03.11.2020 it has been held that qualification of CPCT is certainly mandatory
qualification and the circular will have prospective effect.
Counsel for the petitioner submits that the case of the petitioner may be
directed to be re-examined by the respondents in the light of the aforesaid
judgment. Alternatively, it has also been prayed that the petitioner may be offered
an appointment on Class-IV post where CPCT qualification is not mandatory
because the petitioner was given compassionate appointment on account of death
of his father.
Counsel for the State submits that CPCT is a qualification is necessary and,
therefore, for the post of Assistant Grade-III, the said qualification cannot be
relaxed.
Heard learned counsel for the parties.
Signature Not VerifiedDigitally signed by
In the case of Kumari Resham Meghwal (supra), it has been stated that
SAN SOUMYA RANJAN
DALAI
Date: 2022.04.28
17:37:32 IST
the qualification of CPCT is mandatory qualification and the circulars will have
prospective effect. The earlier appointments on account of compassionate basis
cannot be put to an end on account of such a qualification specially in light of the
fact that the petitioner is holding Diploma in Computer Application.
In view of the aforesaid, I am of the view that the respondents are obliged to
reconsider the case of the petitioner in the light of the judgment passed in the case
o f Kumari Resham Meghwal (supra) within a period of two months from the
date of communication of the order without being influenced by the impugned
termination order. It is further directed that the respondents will also consider the
alternative prayer of the petitioner that in case if his case cannot be considered for
appointment on the post of Asst. Grade - III, he may be granted time to clear
CPCT qualification by granting him time of one year and in the meantime, he may
be offered appointment on the Class-IV post where CPCT qualification is not
required. The aforesaid exercise shall be completed by the respondents within a
period of two months from the date of communication of the order.
With the aforesaid, the writ petition is disposed off.
(VIJAY KUMAR SHUKLA)
JUDGE
soumya
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SOUMYA RANJAN
DALAI
Date: 2022.04.28
17:37:32 IST
