Madhya Pradesh High Court
General Administration Department vs Komal Patel on 25 June, 2018
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HIGH COURT OF M.P: BENCH AT INDORE
WA NO.1257/17 & WA NO.1255/17
25.06.2018 (INDORE):
Parties through their counsel.
Heard on IA No.18024/17 in W.A.No.1257/17 and IA
no.18016/17 in W.A.No.1255/17, applications for
condonation of delay.
For the reasons assigned in the applications, we are of
the view that the cause shown by the appellant is sufficient
to condone the delay. Accordingly, IA No.18024/17 & IA
No.1257/17 are allowed the delay of 10 days and 11 days
respectively in filing the appeals are hereby condoned.
Heard.
By the impugned order dated 05.09.2017, learned writ
Court has allowed the writ petitions and directed the
appellant to permit the respondents to participate in the
process of selection and their selection will not be turned down on the ground that they do not possess the qualification of Computer Proficiency Certification Test (CPCT).
Learned Govt. Advocate has drawn our attention to the decision of the Division Bench in the case of Ashwani Kumar Mishra vs. State of M.P & others passed by the Principal Seat in W.P.No.14986/17 dated 11.05.2018 and submitted that the Division Bench of this Court has allowed the contention of the State by holding that the condition of Computer Proficiency Certification Test does not contravene -2- the statutory rules and is a valid condition. Paras-23 to 29 of the said order are relevant which read as under:
23. Similarly, in W.P. No.14986/2017 (supra), the petitioner has produced a certificate issued by Shorthand and Typing Examination Council, Directorate of Public Instructions, Madhya Pradesh but the certificate is that he has qualified Hindi Typing Examination with speed of 25 words per minute.
24. A candidate has to satisfy the condition of speed as mentioned in Clause 10 (a) of the Rules as reproduced above. But the determination of such speed is dependent upon a certificate obtained from an Institute recognized from the General Administration Department. Therefore, the condition of certificate from Science and Technology Department is not a condition which contravenes the statutory Rules but, is in terms of the delegation granted to the General Administration Department.
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 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.
-3-In view of the aforesaid law laid down by the Division Bench in the case of Ashwani Kumar Mishra (supra), the impugned order dated 05.09.2017 is liable to be set aside. Accordingly, it is hereby set aside.
The writ appeals stand allowed.
(P.K.JAISWAL) (S.K.AWASTHI)
JUDGE JUDGE
Digitally signed by Hari Kumar Nair
hk/ Date: 2018.06.26 11:48:34 -07'00'