Madhya Pradesh High Court
Komal Patel vs General Administration Department on 5 September, 2017
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W P Nos. 7880/2016 and 7883/2016
05/09/2017
Mr. Sapnesh Kumar Jain, learned counsel for the
petitioner.
Mr. Aditya Garg, learned counsel for the respondent -
State.
Mr. Vikram Bhatnagar, learned counsel for the respondent No.2.
Regard being had to the similitude in the controversy involved in the present cases, the writ petitions were analogously heard and by a common order, they are being disposed of by this Court. Facts of Writ Petition No. 7880/2016 are narrated hereunder.
The petitioner before this Court who is a candidate for the post of Assistant Grade 3, Stenographer, Steno-typist, has filed this present writ petition being aggrieved by the advertisement dt. 7/11/2016 No.27/2016 by which a qualification of Computer Proficiency Certification Test (CPCT) Score Card has been made mandatory to all the candidates.
Learned counsel for the petitioner has argued before this Court that as per the advertisement issued by the respondents, which is on record, a joint examination is required to be conducted for various posts, as mentioned in the advertisement and the examination is being conducted by the Professional Examination Board.
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The contention of the petitioner is that the petitioner fulfills all the requisite qualifications prescribed under the recruitment Rules framed by the State Government in exercise of powers conferred under the proviso to Article 309 of the Constitution of India and the statutory recruitment Rules have not been amended at any point of time and, therefore, in absence of a particular qualification in the recruitment Rules, ie., the qualification of possessing CPCT Certificate is not mandatory.
A reply has been filed by the respondent State and Mr. Aditya Garg, learned counsel has drawn attention of this Court towards a Circular dt. 26/2/2015 and his contention is that by virtue of Circular dt. 26/2/2015, CPCT Score Card is a mandatory qualification for the candidates and, therefore, once the State Government has issued the aforesaid Notification the M.P. Professional Examination Board was justified in incorporating the aforesaid qualification in the advertisement dt. 7/11/2016.
This Court has carefully gone through the Notification issued by the State Government dt. 26/2/2015.
It is true that by virtue of the aforesaid Notification, for the post of Steno-typist Computer Diploma / Certificate has been made mandatory, however, the fact remains that any executive instructions will not supersede the recruitment Rules framed by the State Government in exercise of the powers conferred under the proviso to Article 309 of the
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Constitution of India and, therefore, the qualification prescribed under the recruitment Rules are only the qualifications required as qualifications for a particular post. Diploma / Certificate does not find place in the recruitment Rules for the post of Assistant Grade 3, Stenographer, Steno- typist and, therefore, in the considered opinion of this Court, the CPCT qualification is not provided under the recruitment Rules, the candidature of the petitioner cannot be rejected for want of CPCT score card.
The respondents are directed to permit the petitioner to participate in the process of selection and their selection will not be turned down on the ground that they do not possess CPCT score card.
With the aforesaid, the Writ Petition stands allowed. A copy of this order be kept in the record of connected Writ Petition.
(S. C. SHARMA) JUDGE KR