Madhya Pradesh High Court
General Administration Department vs Ajay Parihar on 17 July, 2018
W.A. No.1256/2017 1
THE HIGH COURT OF MADHYA PRADESH
W.A. No.1256/2017
(The State of Madhya Pradesh & Ors. vs. Ajay Parishar)
Indore, Dated: 17/07/2018
Shri Romesh Dave, learned Govt. Advocate for the
appellant/State.
Shri Imtiaz Ahmed, learned counsel for the respondent
No.3.
Heard on the I.A. No.18022/2017, an application filed under Section 5 of Limitation Act. Appeal is barred by 8 days.
For the reasons assigned in the application, we are of the view that the cause shown by the appellant is sufficient to condone the delay.
Accordingly, I.A. No.18022/2017 is allowed and the delay of 8 days is hereby condoned.
Heard on the question of admission.
Learned counsel for the appellant has drawn our attention to order dated 11/05/2018 passed in Ashwani Kumar Mishra vs. State of Madhya Pradesh & Ors.(W.P. No.14986/2017) and submitted that in the light of order passed by the Division Bench, the present writ appeal be disposed of.
Para 25 to 29 of order dated 11/05/2018 are relevant, which reads as under:
"25. The judgment of Indore Bench of this Court in Komal Patel (supra) is not the correct enunciation of law. The judgment of Gwalior Bench in Alok Singh (supra) is based upon the condition in the circular dated 26.02.2015 which was treated to be part of the Rules, which is also not correct reading of the Rules.
26. The petitioners have referred to the Madhya Pradesh Secretariat Service Recruitment Rules, 1976 as W.A. No.1256/2017 2 amended on 3.2.2018 in respect of requirement of speed in Hindi typing, shorthand for the post of Assistant Grade-III, Steno-typist and for Stenographer.
27. If the appointments are required to be made to the post governed by 1976 Rules, it is open to the appointing authority under the said Rules to make appointments to the post of Assistant Grade-III, Steno- typist and Stenographers in the interest of administration as per the amended Rules. But, the basic argument that the condition of computer proficiency test contravenes the Rules is not tenable.
28. In view of the statutory Rules extracted above and the interpretation of such Rules, we find that the condition of Computer Proficiency Certification Test does not contravene the statutory Rules and is a valid condition.
29. The question of law being answered, the writ petitions be posted for hearing as per roster."
Division Bench of Principal Seat in the case of Ashwani Kumar Mishra (Supra) has held that the condition of computer proficiency test does not contravenes the Rules and is a valid condition. We allow the writ appeal and set aside the order dated 08/09/2017 passed in W.P. No.7879/2016 and remit the matter to the learned writ Court for deciding the writ petition on merit in the light of order passed in Ashwani Kumar Mishra (Supra).
With the aforesaid, the writ appeal stands disposed of.
(P.K. Jaiswal) (Ashok Kumar Joshi)
Judge Judge
sumathi
Digitally signed by Sumati
Jagadeesan
Date: 2018.07.18 15:31:25 +05'30'