Madhya Pradesh High Court
Amit Shukla vs The State Of Madhya Pradesh on 20 January, 2026
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2026:MPHC-JBP:5539
1 WP-26307-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE PRADEEP MITTAL
ON THE 20th OF JANUARY, 2026
WRIT PETITION No. 26307 of 2025
AMIT SHUKLA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Awadhesh Kumar Ahirwar - Advocate for the petitioner.
Shri Abhijeet Awasthi - Deputy Advocate General for the
respondent/State.
Shri Shreyash Pandit - Advocate for respondent No.2.
ORDER
Per: Justice Vivek Rusia The petitioner has filed the present petition, being aggrieved by the order dated 02.07.2025 (Annexure-P/1), whereby his representation seeking recall of the order dated 10.07.2020 by which he was demoted from the post of Assistant Grade-III, has been rejected.
2. The brief facts are that the petitioner was initially appointed as a Class-IV employee in the establishment of the District and Sessions Judge, Umaria, vide order dated 28.02.2011 as a contingency paid employee. Thereafter, vide order dated 12.12.2012, he was appointed as a regular Peon in the pay scale of ₹4440-7440 with a Grade Pay of ₹1300.
Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 23-01-2026 13:32:28NEUTRAL CITATION NO. 2026:MPHC-JBP:5539 2 WP-26307-2025
3. The petitioner was considered for promotion to the post of Assistant Grade-III by the Departmental Promotion Committee (DPC) held on 09.07.2020. On the basis of the recommendations of the DPC, the petitioner was promoted to the post of Assistant Grade-III by order dated 10.07.2020, subject to the condition of obtaining the CPCT Examination Certificate and a one-year Computer Diploma Examination Certificate within a period of two years, failing which he would be reverted to his original post.
4. Genuinely, the petitioner made several attempts to get the CPCT certificate but could not secure the requisite marks in Computer Proficiency, English typing and Hindi typing. However, he has obtained a certificate in Hindi typing at the speed of 25 words per minute from a recognized institution under the School Education Department. The petitioner submitted an application to the respondents that the condition of passing the CPCT Exam be relaxed, as he has obtained the Hindi Typing certificate. Since the petitioner could not obtain the CPCT certificate, vide the impugned order dated 02.07.2025, his promotion was cancelled, and he was reverted to his original post.
5. The petitioner has challenged the order dated 2.7.2025 by way of amendment. The respondents have filed a return justifying the action on the ground that the petitioner has failed to acquire the minimum qualification required for the post of Assistant Grade-III within the prescribed probation period of five years; therefore, he has rightly been reverted back to the post of peon. Hence prayed for dismissal of the writ petition.
6. The petitioner's services are governed under the M.P. District Court Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 23-01-2026 13:32:28 NEUTRAL CITATION NO. 2026:MPHC-JBP:5539 3 WP-26307-2025 Establishment (Recruitment and Conditions of Service) Rules, 2016 as amended in 2019. Under the said Rules, an essential qualification is prescribed for the post of Assistant Grade-III, and the petitioner must possess the same. Since the petitioner was promoted from Class-IV to Class-III, he was granted 2 years' time to acquire the requisite qualification.
7. During the course of arguments, the petitioner produced the score card showing that he had cleared the CPCT examination bearing Registration No. 1268661 and Application No. 1813168. He appeared in the examination on 12.07.2025 after submitting the application form in June 2025. Since he had been declared qualified before the issuance of the cancellation order dated 10.07.2025, he was possessing the requisite qualification for the post Assistant grade -III, though the certificate was issued two days thereafter. Accordingly, as the petitioner now possesses the required qualification, the petition is allowed and the impugned order dated 02.07.2025 (Annexure-P/1) is quashed, and the petitioner be confirmed to the post of Assistant Grade-III as he has completed the probation period and possesses the minimum qualifications.
(VIVEK RUSIA) (PRADEEP MITTAL)
JUDGE JUDGE
Prar
Signature Not Verified
Signed by: PRARTHANA
SURYAVANSHI
Signing time: 23-01-2026
13:32:28