Madhya Pradesh High Court
Manoj Parihar vs The State Of Madhya Pradesh on 29 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:3131
1 WP-19768-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
ON THE 29th OF JANUARY, 2026
WRIT PETITION No. 19768 of 2025
MANOJ PARIHAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Mr. Prakhar Mohan Karpe, counsel for the petitioner.
Ms. Swati Ukhale, counsel for the respondents/State.
ORDER
Heard finally with the consent of both the parties. This instant petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking the following reliefs:-
(a) Petition may kindly be allowed by issuing appropriate writ order or direction for quashing the impugned order dated 26.05.2025 (Annexure- P/4) of termination of services.
(b) Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may kindly be awarded along with the cost of petition.
The case of the petitioner is that he is challenging the order dated 26.05.2025, whereby the services of the petitioner has been terminated with immediate effect stating therein that as per Clause 8 of appointment order dated 06.10.2018, the petitioner did not fulfill the requisite qualification Signature Not Verified Signed by: ARUN NAIR Signing time: 2/2/2026 10:24:17 AM NEUTRAL CITATION NO. 2026:MPHC-IND:3131 2 WP-19768-2025 criteria of qualifying CPCT exam within a period of four years from the date of issuance of appointment order. It is further contended by the petitioner that the services of petitioner is liable to be terminated under Clause 6.6.5 of compassionate appointment policy dated 29.09.2014 and under Rule 8 of Sub Rule 3 and 5 of Madhya Pradesh Civil Services Conduct Rules, 1966.
The petitioner is relying upon the order dated 31.08.2023 passed by the Coordinate Bench of this Court in Writ Petition No.16770 of 2022, wherein this Court in similar situation has considered the case of the petitioner and has passed the following order. Paragraphs 7 and 8 of the order passed by the Coordinate Bench reads as under:-
7. However, one thing is clear that it is not a case of direct recruitment but it is a case of appointment on compassionate ground. Therefore, only question for consideration is as to whether services of petitioner are liable to be terminated on the ground of non-qualifying CPCT or he can be accommodated against any post which does not require CPCT scored card? Since the reason for appointment of petitioner was compassionate on account of death of his father, therefore, criteria for appointment of petitioner was different. Petitioner was granted appointment on compassionate ground in order to tide over the situation which had arisen on account of untimely death of his father.
8. Under these circumstances, this Court is of considered opinion that although it was necessary for petitioner to qualify CPCT but having failed to do so, his services may not be terminated. Respondents must consider the case of petitioner from the following angles:
(i) If any Class-III cadre post is available for which CPCT score card is not required, then the case of petitioner for his appointment on the said post may be considered.
(ii) If no such post in Class-III cadre is available, then the case of petitioner can be considered for Class-IV post.
In view of the aforesaid, it is directed that petitioner shall submit his Signature Not Verified Signed by: ARUN NAIR Signing time: 2/2/2026 10:24:17 AM NEUTRAL CITATION NO. 2026:MPHC-IND:3131 3 WP-19768-2025 undertaking/consent for his consideration for different Class-III post for which CPCT score card is not required or for Class-IV post whichever is available. If the consent is furnished within a period of one month from today, then the decision shall be taken by the respondents in this regard within a period of one month thereafter. If the petitioner fails to submit his consent before the competent authority within a period of one month from today, then natural consequence of order dated 26.05.2025 (Annexure-P/4) shall follow.
With the aforesaid observation, this petition stands disposed of. Certified copy, as per Rules.
(JAI KUMAR PILLAI) JUDGE Arun/-
Signature Not Verified Signed by: ARUN NAIR Signing time: 2/2/2026 10:24:17 AM