Madhya Pradesh High Court
Gunjan Nagle vs The State Of Madhya Pradesh on 16 January, 2026
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2026:MPHC-IND:1398
1 WA-152-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE HIMANSHU JOSHI
ON THE 16th OF JANUARY, 2026
WRIT APPEAL No. 150 of 2024
RAJENDRA JATAV
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
WITH
WRIT APPEAL No. 151 of 2024
VIJAY KUMAR KATARIA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
WRIT APPEAL No. 152 of 2024
GUNJAN NAGLE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri L. C. Patne - Advocate for the appellants.
Shri Rahul Sethi - Additional Advocate General for the
respondents/State.
ORDER
Per: Justice Vivek Rusia 1 . This order shall govern the disposal of WA Nos.150/2024, 151/2024 & 152/2024. Regard being had to the similitude of the controversy involved in the writ appeals described above, they are heard analogously and Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 1/19/2026 11:57:05 AM NEUTRAL CITATION NO. 2026:MPHC-IND:1398 2 WA-152-2024 disposed of by this common order.
For convenience the facts are being taken from WA No.150/2024:-
2. The appellant/petitioner has filed this present appeal being aggrieved by the order dated 21.12.2023, whereby the Writ Petition No.12635/2022 has been dismissed, and the order of demotion dated 30.5.2022 has been upheld.
3. The petitioner was initially appointed to the post of Peon in the pay scale of Rs.2550-55-2660-60-3200 vide order dated 30.6.2004. He was promoted to the post of Assistant Grade-3 in the pay scale of Rs.5200-20200 + Grade Pay1900 vide order dated 4.3.2014 with the condition to pass Typing and CPCT examination within two years. According to the department, the petitioner was given sufficient opportunity to procure the aforesaid essential qualifications, and when he failed to procure the same, then vide order dated 30.5.2022, he was demoted from the post of Assistant Grade-3 to Peon by cancelling his promotion. Hence, he filed the writ petition before the Writ Court challenging the order dated 30.5.2022.
4. After notice, the respondents filed the reply in the petition by submitting that the CPCT score card with 30 words per minute in Hindi is a mandatory qualification for the post of Assistant Grade-III in view of the circular dated 31.8.2010 issued by the GAD of the state of MP. The petitioner was given 5 years to procure the said qualifications. Hence, in the absence of the said qualification, the respondents are justified in cancelling the promotion order and demoting the petitioner to the post of Peon.
5. The Writ Court vide order dated 21.12.2023 has dismissed the writ petition by placing reliance on the Circular dated 31.8.2010 as well as the Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 1/19/2026 11:57:05 AM NEUTRAL CITATION NO. 2026:MPHC-IND:1398 3 WA-152-2024 GAD Circular dated 1.7.2013. It has also been held that the petitioner was issued as many as 5 show-cause notices, and in reply to the said notices, he did not submit the CPCT score card. Hence, no relief is liable to be given, and the petition was dismissed. Hence, this appeal is before this Court.
We have heard the learned counsel for the parties and perused the record.
6. The appointment and the promotion of the petitioner/appellant are governed under the M.P. State Sales Tax Department Service (Non-Gazetted Ministerial) Recruitment Rules, 1983. Shri Patne, learned counsel for the appellant, has drawn our attention to the Schedule-I, in which 1370 of the post of Assistant Grade-III are sanctioned in the Divisional and Circle Offices. Schedule II of the Rules prescribes the method of recruitment, according to which 75% posts of Assistant Grade-3 are liable to be filled by way of direct recruitment and 25% posts from eligible candidates from class IV service. There is a note appended below the Schedule according to which the vacant 25% posts shall be filled from eligible class-IV employees, who have passed the old pattern Higher Secondary School Certificate Examination or Higher Secondary School Certificate Examination (10+2) pattern. Therefore, there is no requirement to pass the Typing or CPCT examination in case of filling of 25% by way of promotion from class IV in- house employees. In order to support his contention, Shri Patne learned counsel referred Schedule-III, which provides a method for direct recruitment, in which for the post of Assistant Grade-III, there is a requirement of passing one year Diploma in computer operation from any Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 1/19/2026 11:57:05 AM NEUTRAL CITATION NO. 2026:MPHC-IND:1398 4 WA-152-2024 recognised institute and Hindi Typing examination from the Madhya Pradesh Short Hand and Typing Board. Therefore, these two Schedules clearly distinguish the method for filling the post of Assistant Grade-3. In case of promotion from Class-IV employee, there is no statutory requirement of possessing the Typing Examination as well as the Computer proficiency certificate. The petitioner is in possession of Tying Examination Certificate dated 17.8.1997 the Madhya Pradesh Short Hand and Typing Board with 25 words per minute, and Higher Secondary School Certificate Examination in the year 2012, therefore, he was possessing the minimum educational qualification.
7. Apart from that, the Circular came into force in 2014, by which the English Typing Examination with 30 words per minute was made a mandatory qualification for the clerical posts. The Circular dated 1.7.2013 is filed as Annexure P/6 in the writ petition. Clause No.1(4) says that till 31.12.2014, the old system of manual typing certificate would prevail. The petitioner was promoted prior to 31.12.2014 i.e. on 4.3.2014, therefore, the respondents, as well as the writ court, both have wrongly applied the Circular dated 1.7.2013, ignoring Clause 1(4) in cancelling the promotion and dismissing the writ petition, respectively.
8. Even otherwise, as per Annexure A/5, the petitioner has now cleared the CPCT examination. The entire case of the respondents is based on the Administrative Circular dated July 1, 2013, but there is no corresponding amendment in the statutory Recruitment Rules, 1983. Therefore, the qualification prescribed in the Recruitment Rules, 1983, will Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 1/19/2026 11:57:05 AM NEUTRAL CITATION NO. 2026:MPHC-IND:1398 5 WA-152-2024 prevail, not the administrative circular. It is important to note that this Circular came in the year 2014, and the CPCT examination was first time held in the year 2016, therefore, 5 years period to get the certificate should be counted from the date of the first examination and not from the date of the circular.
9. Therefore, in view of the above, the impugned order dated 21.12.2023 is set aside. The impugned order of demotion dated 30.5.2022 is also quashed. The promotion order of the petitioner is restored with all consequential benefits.
10. Accordingly, all the writ appeals are disposed of. The signed order is to be kept in the file of WA No.150/2024, and a copy thereof is to be placed in the connected file of WA Nos. 151/2024 & 152/2024.
(VIVEK RUSIA) (HIMANSHU JOSHI)
JUDGE JUDGE
trilok
Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 1/19/2026
11:57:05 AM