Madhya Pradesh High Court
Kundan Singare vs Managing Director on 17 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:7402
1 WP-25386-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
ON THE 17th OF MARCH, 2026
WRIT PETITION No. 25386 of 2023
KUNDAN SINGARE
Versus
MANAGING DIRECTOR AND OTHERS
Appearance:
Shri Nilesh Manore - Advocate for the petitioner.
Shri. Ayushyaman Chodhary - Government Advocate for the
respondents State.
Shri Anmol Awasthi - Advocate for the respondent No.2.
ORDER
Heard on the question of admission.
2. The petitioner has filed this present petition under Article 226 of Constitution of India challenging the order 15.19.2023, whereby the services of the respondent has been terminated only on the ground that the petitioner has not passed the Computer Proficiency Certification Test-CPCT Examination.
3. Case of the petitioner is that he was given compassionate appointment on the post of Lower Division Clerk in place of his father in the year 2011. Since then, he is discharging his duty without any stigma or complaint in respect to his working efficiency, but without affording any opportunity of hearing and without conducting any fact finding inquiry, the Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 18-03-2026 16:52:43 NEUTRAL CITATION NO. 2026:MPHC-IND:7402 2 WP-25386-2023 impugned order dated 15.09.2023 has been passed terminating the services of the petitioner.
4. The learned counsel for the petitioner submitted that the petitioner has been served with notices from the year 2017 onward directing him to submit the CPCT score card so that his annual increments can be released and in response to the aforesaid notices, the petitioner submitted the reply and requested for some time to submit the CPCT score card and lastly respondents served the petitioner with notice dated 20.10.2022, whereby the petitioner has been given last opportunity to pass and submit the CPCT score card and the petitioner was informed that if he fails to submit the CPCT score card, his services will be terminated
5. In response to the notice dated 20.10.2022, the petitioner submitted the application dated 26.07.2023, whereby he has informed the Department that he is continuously trying to get the score card of CPCT and recently he appeared in the Examination, but due to scoring three marks less he could not pass the Examination and, therefore he has again requested for time to appear in the next scheduled Examination dated 29.09.2023 and assured the Department that he will successfully pass the Examination and submit the CPCT score card.
6. The grievance of the petitioner is that without considering the application and assurance submitted by the petitioner, the respondents by the impugned order dated 15.09.2023 terminated the service of the petitioner. It is further pertinent to note that the condition of passing CPCT Examination is applicable only to the direct recruitees, but contrary to the same, the Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 18-03-2026 16:52:43 NEUTRAL CITATION NO. 2026:MPHC-IND:7402 3 WP-25386-2023 petitioner has been forced to pas the CPCT Examination.
7. Learned counsel for the petitioner relied upon the order passed by this Court in the case of Smt Rashmi Das (widow) of late Shri Rajesh Das Vs. Managing Director, M.P. State Agro Industries Development Corporation Ltd. decided on 30.10.2023 in Writ Petition No. 23623 of 2023.
8. Per contra, the petition is vehemently opposed by counsel for the respondents State. It is submitted that inspite of multiple opportunities is granted to the petitioner to pass CPCT Examination, he did not do that. Under these circumstances, the respondents are left with no other choice except to terminate the services of the petitioner.
9. Heard learned counsel for the parties and perused the record.
10. On going through the record, it appears that respondents have not considered the case of petitioner in light of Smt Rashmi Das (widow) (Supra) wherein the case of Virat Dev Singh Vs. State of M.P. and others decided on 31st August, 2023 in W.P. No.16770/2022 has been elaborated in para 8, 9 and 10, which reads as under :-
"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 Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 18-03-2026 16:52:43 NEUTRAL CITATION NO. 2026:MPHC-IND:7402 4 WP-25386-2023 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. It is submitted by learned counsel for the petitioner that respondents have not considered the case of petitioner in light of that order mentioned above, however, the respondents have decided the case of petitioner stating therein that under the scheme of Compassionate Appointment, there is no scheme for re-appointment.
12. Considering the entire material available on record, it appears that Authorities have not rightly applied the case of Smt Rashmi Das (widow) (Supra) and Virat Dev Singh Vs. State of M.P. and others decided on 31st August, 2023 in W.P. No.16770/2022, in the case of petitioner.
13. In this case petitioner was appointed on Compassionate Ground with a rider to pass CPCT within a period of nine years, therefore, keeping in view the analogy made in aforementioned cases, this petition is disposed of with a direction to the Authority concerned to consider the case of petitioner in light of Smt Rashmi Das (widow) (supra) and Virat Dev Singh Vs. State of M.P. and others decided on 31st August, 2023 in W.P. No.16770/2022 and pass the order within a period of 30 days from today.
14. Accordingly, this petition is disposed of in the terms and conditions of paragraph Nos.8, 9 10 of order passed by this Court in the case Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 18-03-2026 16:52:43 NEUTRAL CITATION NO. 2026:MPHC-IND:7402 5 WP-25386-2023 of Virat Dev Singh (Supra) quoted elaborately in paragraph No.6 in the present order.
15. It is made clear that respondents shall consider the case of the petitioner for his appointment on any other post for which CPCT Score Card is not required and the petitioner shall positively submit undertaking / consent for consideration of his case for any other post whether Class-III or Class-IV.
16. It is made clear that this Court has not considered any post for which the petitioner may be found to be eligible and it is left exclusively to the discretion of the authorities to offer post for which CPCT Scare Card is not necessary.
With the aforesaid observation, petition stands disposed of. C.C. as per rules.
(JAI KUMAR PILLAI) JUDGE rashmi Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 18-03-2026 16:52:43