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Per: Justice Vivek Rusia These bunch of Writ Appeals are filed by the appellants under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005 challenging the order dated 12.09.2022 passed by the Writ Court, whereby six writ petitions have been allowed.

02. The respondent / writ petitioner in each writ petition was given the compassionate appointment to the post of Assistant, Grade - III with certain conditions. They gave an affidavit that they would produce ''the Computer Efficiency Certification Test (CPCT) score card'' with a period of six months. Since they failed to submit the CPCT score card, a show-cause notice was given to each of them. They were granted an additional six months' time to produce the CPCT score card, but they failed to produce the same. Therefore, vide the impugned order, their services were terminated. Hence, they approached the High Court by way of writ petitions.

05. In compliance of the aforesaid order, all the writ petitioners have been reinstated into the services, but simultaneously the appellants / Company has preferred these writ appeals challenging the order passed by the Writ Court.

06. Shri Dwivedi, learned counsel for the appellants, submits that as per the terms and conditions of the appointment and the affidavits given by them, they were required to submit a CPCT score card within a period of six months. Since they could not produce the CPCT score card, therefore, they were rightly terminated. The Writ Court has wrongly given them further one year's time for producing such certificate. So far as the direction of reversion and appointment on Class - IV post is concerned, the same is not possible because posts of Lineman and Line Attendant (Samvida) are identified for grant of compassionate appointment. For the said post also, the educational 5 WA-213-2023 qualification of passing of Xth Class with Over Head Certificate issued by the State of Madhya Pradesh or I.T.I. is required, and none of the petitioners possess the said certificate. The Writ Court has wrongly observed that there is no minimum qualification for the Class - IV posts. In support of the aforesaid contention, learned counsel for the appellants has placed reliance upon a judgement delivered by the Apex Court in the case of Rajasthan State Road Transport Corporation & Others v/s Revat Singh reported in (2015) 11 SCC 802.

07. Learned counsel appearing in W.A. Nos.220 of 2023, 210 of 2023, 221 of 2023 & 226 of 2023 submits that now these writ petitioners have obtained the CPCT score card, hence, they are now fulfilling the qualifications for the post in question and the Writ Appeal be dismissed.

08. The fact remains that the writ petitioners were given the compassionate appointment. In the order of compassionate appointment, although there is a condition they shall produce the CPCT score card within a period of six months, but consequence of the same has not been mentioned to the effect that in case of non-production of such score card, their services will be terminated. Before issuing the appointment order, the appellants took an affidavit from them that, in case they failed to produce a valid and qualified CPCT score card, their services would be terminated. However, Clause 11 of the appointment order says that the selected candidates shall be appointed in regular cadre after successful completion of the training period and will be on probation for a period of two years, during which his / her performance shall be monitored. In this clause, there is no such condition 6 WA-213-2023 that he shall be appointed in regular cadre only after production of CPCT score card.

11. In view of the above, W.A. Nos.220 of 2023, 210 of 2023, 221 of 2023, & 226 of 2023 stand dismissed.

12. So far as the respondents / writ petitoners in W.A. Nos. 212 of 2023 & 213 of 2023 are concerned, admittedly, they have not obtained the CPCT score card despite being afforded one year's extra time by the Writ Court. Upon asking, it is informed that they did not even try to participate in the examination to acquire CPCT. Had it been a case that they tried and remained unsuccessful, we could have considered giving one more opportunity, but it appears that no serious efforts have been made by them to get the CPCT score card. Since they got the appointment easily and out of 7 WA-213-2023 turn by way of compassion shown by the appellant, therefore, they have no value of the said appointment. Hence, no further time is liable to be granted to them as they have no intention to get the CPCT score card.