Madhya Pradesh High Court
Arpit Paul vs The State Of Madhya Pradesh on 18 February, 2026
Author: Vishal Dhagat
Bench: Vishal Dhagat
NEUTRAL CITATION NO. 2026:MPHC-JBP:14243
1 WP-15409-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 18th OF FEBRUARY, 2026
WRIT PETITION No. 15409 of 2025
ARPIT PAUL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Hemant Shrivastava - Senior Advocate with Shri Anunay
Shrivastava - Advocate for the petitioner.
Shri Pramod Kumar Chaurasia - Government Advocate for the State.
ORDER
Petitioner has filed this petition under Article 226 of the Constitution of India challenging impugned order dated 09.04.2025 contained in Annexure-P/8.
2. By impugned order services of petitioner was terminated on ground that petitioner was not able to pass CPCT Examination within period of three years after his appointment on compassionate basis.
3. Learned counsel appearing for petitioner submitted that petitioner was appointed as Assistant Grade-III. He points towards Rule-18 of Recruitment Rules notified on 20.08.2013. As per said rule, if a candidate is to be appointed on probation and he is not to be regularized until and unless said candidate pass requisite departmental examination or obtain other qualification which is required for the post. It is submitted that in regular Signature Not Verified Signed by: SHABANA ANSARI Signing time: 20-02-2026 15:40:59 NEUTRAL CITATION NO. 2026:MPHC-JBP:14243 2 WP-15409-2025 recruitment, a candidate is not to be terminated if he fails to acquire requisite qualification or pass departmental examination. Only his regularization is to be on hold until he acquires said qualification. In accordance with said Rule, policy of compassionate appointment is also to be amended but same has not been done. If a regular incumbent is not terminated if he does not acquire requisite qualification then a person who is appointed on compassionate basis may also not be terminated from service. His service may not be regularized till he acquires the requisite qualification but termination is uncalled for and same is also contrary to the Rules enacted by the Legislature.
4. Learned Government Advocate appearing for State supports the impugned order on ground that there is circular of GAD in which it has been mentioned that requisite qualification i.e. CPCT examination is to be cleared within period of three years from date of appointment and if same has not been done then services can be terminated.
5. Heard the counsel for the parties.
6. Learned Government Advocate appearing for State has relied upon order dated 16.06.2025 passed by Coordinate Bench in WP No.20035/2025 wherein similar prayer made by petitioner therein was rejected and petition was dismissed. It is submitted that in said case also petitioner was appointed on compassionate basis and could not obtain CPCT qualification after period of three years. Court after considering GAD circular has dismissed the same.
7. Court has not considered the Rules for recruitment while passing order dated 16.06.2025. Appointment to substantive post of LDC Assistant Grade-III does not provide termination of service if relevant qualification is Signature Not Verified Signed by: SHABANA ANSARI Signing time: 20-02-2026 15:40:59 NEUTRAL CITATION NO. 2026:MPHC-JBP:14243 3 WP-15409-2025 not obtained by a candidate. Only his regularization is to be on hold till he acquires said qualification. Since, substantive rules do not provide for termination and therefore, GAD by its circular cannot provide for termination of service if qualification of CPCT is not obtained by a candidate who has been appointed by compassionate basis. In view of recruitment rules, petitioner may not be considered for regularization until and unless he acquires CPCT qualification.
8. In view of same, impugned order dated 09.04.2025 is quashed.
9. Respondents are directed to reinstate petitioner and petitioner will be entitled for regularization only when he acquires CPCT qualification otherwise he shall be permitted to continue on same post.
10. Petitioner will be entitled for all consequential benefit.
11. With aforesaid, petition is disposed of.
(VISHAL DHAGAT) JUDGE $A Signature Not Verified Signed by: SHABANA ANSARI Signing time: 20-02-2026 15:40:59