Madhya Pradesh High Court
Deepesh Joshi vs The State Of Madhya Pradesh on 28 November, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:30898
1 WP-23420-2021
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ASHISH SHROTI
ON THE 28th OF NOVEMBER, 2025
WRIT PETITION No. 23420 of 2021
DEEPESH JOSHI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Hardayesh Kumar Shukla - Advocate for the petitioner.
Shri Rohit Shrivastava- Panel Lawyer for the respondents no.1 to 3.
Shri Ajay Singh Rathore- Advocate for the respondents no.4 & 5.
ORDER
The petitioner has filed present writ petition challenging the order, dated 24.08.2021, whereby it was directed that since the petitioner has not acquired CPCT qualification, his probation is not completed and he was asked to acquire the CPCT qualification in the next session, failing which he will be responsible for the action to be taken by the respondents.
2 . The learned counsel for the parties are not in a position to inform this Court about the subsequent action, if any, taken against the petitioner.
3. It is seen that on account of death of his mother, the petitioner was granted compassionate appointment on the post of Assistant Grade-III vide order, dated 04.04.2018 (Annexure P/2). This appointment was on probation for a period of two years. As per Clause-6 of this order, the petitioner was required to obtain Hindi Typing and Computer qualification during the Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/29/2025 11:31:04 AM NEUTRAL CITATION NO. 2025:MPHC-GWL:30898 2 WP-23420-2021 period of probation, failing which, the appointment was liable to be cancel. The petitioner could not acquire the necessary qualification during the period of probation and, therefore, the period was extended for one year. Still the petitioner could not acquire the qualification. Accordingly, vide impugned communication, dated 24.08.2021, he was informed that completion of his probation is not recommended. He was asked to obtain CPCT qualification in the next session, failing which, he will be responsible for the action to be taken against him. Challenging this communication, the present petition has been filed.
4. Petitioner's counsel submitted that if the petitioner is not possessing the qualification for the post of Assistant Grade-III, he may be accommodated on any other post on which, the said qualification is not required.
5 . The respondents' counsel, in his turn, opposes the said contention and submitted that the petitioner was given compassionate appointment on the post of Assistant Grade-III with a specific condition that he is required to obtain the aforesaid qualification. Non-fulfillment of the aforesaid condition shall result in cancellation of his appointment. It is their submission that since the petitioner has failed to acquire the qualification, his appointment is liable to be cancelled.
6 . This Court in the case of Abhishek Dubey Vs. M.P. State Agro Industries Development Corporation Ltd. & Ors. (W.P. No.22499/2023) has considered the similar issue. It being a compassionate appointment, this Court has issued direction to the respondents to consider the case of the Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/29/2025 11:31:04 AM NEUTRAL CITATION NO. 2025:MPHC-GWL:30898 3 WP-23420-2021 candidate for appointment on any other post for which the qualification of CPCT is not required. The relevant observations of this Court is reproduced as under:
"5. This Court in the case of Virat Dev Singh Vs. State of Madhya Pradesh, decided on 31.8.2023 in W.P.No.16770/2022, has held that passing of CPCT examination is mandatory. However, it has also been held that since appointment was on compassionate ground, therefore, terminating the services of such employee on the ground of non-passing of CPCT examination would be a bit harsh and, therefore, it has been directed that the respondents may consider the case of the petitioner for his appointment on a post for which passing of CPCT examination is not compulsory.
6. In the case of Virat Dev Singh (supra) , it has been held as under :-
"This petition under Article 226 of Constitution of India has been filed against order dated 12.07.2022 passed by Chief Personal Officer, M.P. State Mining Corporation Limited by which petitioner has been directed to produce certificate of CPCT.
2. It is submitted by counsel for petitioner that father of petitioner was working on the post of Deputy General Manager in M.P. State Mining Corporation Limited. He died in harness on 10.11.2016. On account of sudden demise of father of petitioner, petitioner submitted an application seeking appointment on compassionate ground. The said prayer was duly accepted and by order dated 02.06.2017 petitioner was appointed on the post of Junior Manager (Field). In the said order it was stipulated that petitioner shall be required to submit Computer Diploma and Computer Typing Proficiency Test from the institute recognised by State of Madhya Pradesh within a period of 3 years. Although petitioner has obtained PGDCA from Mansarovar Global Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/29/2025 11:31:04 AM NEUTRAL CITATION NO. 2025:MPHC-GWL:30898
4 WP-23420-2021 University but could not obtain CPCT certificate. It is submitted that PGDCA also includes Hindi/English typing which is evident from marksheet of PGDCA. It is submitted that by order dated 12.07.2022 petitioner has been directed to submit certificate of passing of CPCT from a institute recognised by State of Madhya Pradesh because CPCT is essential eligible condition for appointment to the post of Junior Manager (Field). Since respondents are insisting upon production of CPCT certificate, therefore, in absence thereof, appointment of petitioner is liable to be terminated. Indore Bench of this Court in the case o f Kumari Resham Meghwal Vs. State of M.P. and another by order dated 03.11.2020 in W.P. No.9524/2020 had held that termination of services of compassionate appointee on the ground of non-holding the qualification as CPCT is bad. Accordingly, it is submitted that case of petitioner is squarely covered by order passed by a writ Court in the case of Kumari Resham Meghwal (supra) which was affirmed by Division Bench of this Court in W.A. No.109/2021.
3 . Per contra, petition is vehemently opposed by counsel for respondents. It is submitted that petitioner is trying to take advantage of rules which are made for ministerial post but petitioner is holding a non-ministerial post, therefore, law laid down in the case of Kumari Resham Meghwal (supra) is not applicable. It is submitted by counsel for respondents that in the appointment order dated 02.06.2017 it was specifically mentioned that appointee has to pass CPCT from a recognized institution within a period of 3 years which can be extended by a further period of one year. Accordingly, by order dated 29.07.2020 petitioner was directed to produce PGDCA mark-sheet as well as CPCT certificate issued by a recognized institute within a period of 7 days. Thereafter, petitioner filed an application on 18.08.2020 for extension of time by one year. Accordingly, by order dated 23.11.2021 a further time of one year was granted i.e. upto 26.06.2022 to produce CPCT Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/29/2025 11:31:04 AM NEUTRAL CITATION NO. 2025:MPHC-GWL:30898 5 WP-23420-2021 certificate and ultimately by impugned order dated 12.07.2022 petitioner was directed to produce CPCT certificate. It is submitted that petitioner is holding a Class-III non-ministerial post. As per Madhya Pradesh Junior Service (Joint Qualifying) Examination Rules, 2013, candidate applying for Group-3 post must have passed Higher Secondary Examination and must have Diploma in Computer Application/Certificate from the recognized University. Proficiency in Hindi Typing on Computer at a speed of 30 words per minute, for Stenographer the candidate must have passed English/Hindi Shorthand Examination at a speed of 100 words per minute from any recognised institution/Council and for Steno-Typist the candidate must have a speed in English/Hindi Shorthand of 80 words per minute as recognised by General Administration Department, from time to time. Thus, it is submitted that even for direct recruitment the minimum qualification as per Rule 10 of Madhya Pradesh Junior Service (Joint Qualifying) Examination Rules, 2013 is Higher Secondary Examination alongwith Diploma in Computer Examination and proficiency in Hindi Typing on Computer at a speed of 30 words per minute. Furthermore, in the appointment order itself it was specifically made clear that petitioner must pass CPCT within a period of 3 years from the date of appointment. Petitioner was given appointment on 02.06.2017 whereas impugned order was passed on 12.07.2022 and extension by one year was also granted to petitioner. However, petitioner could not obtain CPCT and thus he is liable to face consequences. It is further submitted that G.A.D. by circular dated 26.06.2015 had made the score card of CPCT compulsory for appointment on contact/regular basis.
4. Heard learned counsel for parties.
5 . Petitioner was granted appointment on compassionate ground by order dated 02.06.2017 and prior thereto passing of CPCT was made Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/29/2025 11:31:04 AM NEUTRAL CITATION NO. 2025:MPHC-GWL:30898 6 WP-23420-2021 compulsory for recruitment to Class-III post. Apart from that, the said fact was also specifically mentioned in appointment order of petitioner. Initially he was granted 3 years to obtain score card of CPCT and later on, at the request of petitioner further extension of one year was granted. By the impugned order, petitioner has been directed to produce CPCT score card. During the course of arguments, it was accepted by counsel for petitioner that although petitioner had made multiple attempts but he could not qualify CPCT.
6. Under these circumstances, this Court is of considered opinion that if petitioner could not qualify CPCT, then he has to face consequences.
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.Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/29/2025 11:31:04 AM
NEUTRAL CITATION NO. 2025:MPHC-GWL:30898 7 WP-23420-2021
(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".
7. In the present case also the petitioner was appointed on compassionate ground. He has been given multiple opportunities to pass CPCT examination but he could not do so. The reliance placed by the petitioner on the circular dated 15.11.1984 for exemption from CPCT examination is misconceived. Furthermore, the petitioner was appointed much subsequent to the circular dated 15.11.1984. Initially, the Hindi typing test was being conducted by VYAPAM and with passage of time CPCT examination is being conducted to test the efficiency. In the light of various circulars which have already been considered by this Court in the case of Virat Dev Singh (supra) , it is held that the petitioner cannot be exempted from passing CPCT examination. However, it is made clear that since the petitioner was appointed on compassionate ground and termination of his service on the ground of non-passing of CPCT examination would be bit harsh, therefore, it is directed that in case if petitioner fails to produce the score card of CPCT then his case may be considered for appointment on class III or class IV post for which passing of CPCT examination is not compulsory. Accordingly, it is directed that in case if the petitioner submits his consent for consideration of his case for his appointment on any other class III or class IV post for which Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/29/2025 11:31:04 AM NEUTRAL CITATION NO. 2025:MPHC-GWL:30898 8 WP-23420-2021 passing of CPCT examination is not necessary then respondents shall consider his claim for the said post.
8. In case if the petitioner fails to submit his consent within a period of 45 days from today then the aforesaid protection shall also automatically come to end and the natural consequence of non-passing of CPCT examination shall follow."
7. Considering the aforesaid, this petition is also disposed of with the direction that the order passed in the case of Abhishek Dubey (supra) shall apply mutatis mutandis on the present case also.
8. With the aforesaid directions, this petition stands disposed of.
(ASHISH SHROTI) JUDGE vpn/-
Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 11/29/2025 11:31:04 AM