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Madhya Pradesh High Court

Ashish Dubey vs The State Of Madhya Pradesh on 14 October, 2025

Author: Anand Pathak

Bench: Anand Pathak

          NEUTRAL CITATION NO. 2025:MPHC-GWL:25938




                                                                1                              WA-2718-2025
                              IN    THE       HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE ANAND PATHAK
                                                            &
                                         HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
                                                  ON THE 14 th OF OCTOBER, 2025
                                                   WRIT APPEAL No. 2718 of 2025
                                                      ASHISH DUBEY
                                                          Versus
                                        THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                             Shri G.S. Sharma - Advocate for appellant.
                             Shri Ravindra Dixit - Government Advocate for State.

                                                                 ORDER

Per: Justice Pushpendra Yadav By way of instant intra Court appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, the appellant is challenging the order dated 01.08.2025 passed in W.P. No.26706/2023, whereby the writ petition filed by the appellant challenging the order dated 31.05.2019, showing the appellant to be ineligible for the post of Assistant Grade-III on account of not possessing CPCT qualification, has been dismissed.

2. Brief facts of the case are that the appellant appeared in the selection process conducted by Professional Examination Board for appointment on the post of Assistant Grade-III. As per advertisement, the last date for submission of the form was 10.07.2018. The appellant subsequently was called for document verification and on account of non-possessing the CPCT certificate on the last date of submission of the application i.e. 10.07.2018, the appellant was declared Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 10/15/2025 10:45:46 AM NEUTRAL CITATION NO. 2025:MPHC-GWL:25938 2 WA-2718-2025 disqualified. The appellant challenging the said action of the authorities on the ground that the appellant has obtained the CPCT certificate on 04.08.2018 and on the date of document verification i.e. 16.01.2019, he had requisite qualification. The learned Writ Court while affirming the order dated 31.05.2019 had dismissed the writ petition. Hence the present appeal.

3. It is an admitted fact that the last date of submission of the form was 10.07.2018 and the appellant at the time of submission of the form was not having the requisite qualification, but has obtained required certificate during the selection process. It is settled in law that eligibility is required to be seen from the last date of submission of application. Admittedly, the appellant was not possessing the qualification on the last date of submission of the application. The examination was conducted in the year, 2018 and the list whereby the appellant was declared disqualified was issued on 31.05.2019 and the appellant filed the writ petition in the year, 2023 seeking the relief to set aside the list whereby he was declared disqualified and to issue direction to consider his case for appointment on the post of Assistant Grade-III. When entire process was concluded in the year, 2019 itself, no relief can be extended to the appellant after lapsing such a long time especially in a situation when the appellant was not having requisite qualification at the time of submission of the form.

4. Thus, learned Writ Court has rightly appreciated the facts and law of the case and while affirming the impugned order had dismissed the writ petition. Accordingly, the present appeal also stands dismissed.

                                     (ANAND PATHAK)                                 (PUSHPENDRA YADAV)
                                         JUDGE                                             JUDGE
                           Chandni


Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 10/15/2025
10:45:46 AM
           NEUTRAL CITATION NO. 2025:MPHC-GWL:25938




                                                     3   WA-2718-2025




Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 10/15/2025
10:45:46 AM