Madhya Pradesh High Court
Shadma Begum vs The State Of Madhya Pradesh on 22 July, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:37477
1 WP-17377-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 22nd OF JULY, 2025
WRIT PETITION No. 17377 of 2025
SHADMA BEGUM
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
WITH
WRIT PETITION No. 30635 of 2024
SARITA SINGH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
WRIT PETITION No. 17381 of 2025
MUKESH VERMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Dherendra Kumar Shukla - Advocate for the petitioner.
Shri Yogesh Dhande Government Advocate for the respondent - State.
ORDER
All the three cases are on identical facts and involved a common question of law. Therefore all these are being decided by this common order.
2. The petitioners were appointed on different dates on compassionate basis in different department of the State Government with a Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 13-08-2025 18:31:30 NEUTRAL CITATION NO. 2025:MPHC-JBP:37477 2 WP-17377-2025 clear condition that they would have to attain computer diploma CPCT within a period of three years from the date of appointment.
3. It is admitted fact that all the petitioners have failed to attain CPCT qualification during aforesaid period and therefore, services of the petitioners is directed to be terminated.
4. CPCT (Computer Proficiency and Certification Test) is a comprehensive test for computer proficiency and typing. None of the petitioners has either passed the computer test of CPCT nor has attained separate qualification of computer proficiency like PGDCA, DCA and other computer qualification along with typing examination. The petitioners in W.P. No. 17377/2025 and W.P. No. 17381/2025 have not attained CPCT qualification though it was specific condition in the appointment orders, while the petitioner in W.P. No. 30635/2024 was appointed with a stipulation to attain Hindi Computer Typing Examination as the condition of the appointment order Annexure P/2, though she has qualified PGDCA. Therefore, all these petitioners failed to obtained requisite requirement as per the appointment orders.
5. So far as W.P. No. 17377/2025 and W.P. No. 17381/2025 are concerned, the cases are squarely covered by the judgment of a coordinate Bench in the case of Virat Dev Singh Vs. The State of Madhya Pradesh & others decided on 31.08.2023 (W.P. No. 16770/2022) , the coordinate Bench in the said case has observed that CPCT is essential and necessary qualification and made the following observation:-
Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 13-08-2025 18:31:30NEUTRAL CITATION NO. 2025:MPHC-JBP:37477 3 WP-17377-2025 "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.
9. Petitioner shall positively submit his undertaking/consent for his consideration to a different Class-III cadre post for which CPCT score card is not required or for Class-IV post.
10. If the consent is furnished within a period of one month from today, then the decision shall be taken by 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 12.07.2022 shall follow.
11. With aforesaid observations, petition is finally disposed of
6. Therefore, W.P. No. 17377/2025 and W.P. No. 17381/2025 are disposed of in similar terms and the petitioners in these two petitions would be required to submit the requisite undertaking before the respondents within a period of 45 days and upon submitting such undertaking, the order passed in the case of Virat Dev Singh (supra) would apply mutatis-mutandis to the case of these petitioners.
Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 13-08-2025 18:31:30NEUTRAL CITATION NO. 2025:MPHC-JBP:37477 4 WP-17377-2025
7. So far as W.P. No. 30635/2024 is concerned, this petitioner is Diploma in Computer Application having qualified PGDCA from Makhan Lal Chaturvedi University in the year 2018. Therefore, she has attained qualification of computer proficiency.
8. So far as other part, i.e. of typing is concerned, this petitioner is 58 years old as of now and must have been more than 45 years of age on the date of impugned order. The State Government vide GAD circular No.3- 10/03/3/one, dated 01.4.2003 has granted general relaxation to all the employees above 45 years of age from attaining Hindi Typing qualification. Therefore, in the considered opinion of this Court the petitioner in W.P. No. 30635/2024 has all the requisite qualifications, having attained PGDCA so far as computer proficiency part is concerned and having attained right to be exempted from typing being more than 45 years of age. Even otherwise this petitioner was appointed prior to CPCT being made mandatory by State Government which was so made vide office memorandum dated 26.02.2015 issued by the General Administration Department which is so referred in the appointment order of the petitioner in W.P. No. 17377/2025 and W.P. No. 17381/2025. Consequently W.P. No. 30635/2024 is allowed . The impugned termination order is set-aside.
9. It has been brought on record that this petitioner has not been paid salary after the stay order despite having worked, if that be so, she be paid fully salary for the period she had worked after the stay order and shall be retained in service and paid full salary and be allowed to work in terms of Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 13-08-2025 18:31:30 NEUTRAL CITATION NO. 2025:MPHC-JBP:37477 5 WP-17377-2025 this order till her date of superannuation.
10. In the above terms, all these petitions stand disposed of.
(VIVEK JAIN) JUDGE MISHRA Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 13-08-2025 18:31:30