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The petitioner has further stated that another letter was issued on 12.12.2017 directing the petitioner to clear Computer Proficiency Certification Test (CPCT) and the petitioner has submitted the diploma obtained by her from a recognized university. The petitioner's contention is that she is an appointee appointed on the compassionate ground and she holds the qualification of diploma in computer application and therefore, her services could not have been terminated in the manner and method it has been done.

The respondent No.2 has filed a reply and the respondents have admitted in the reply that on account of a circular dated 18.08.2008, the petitioner was appointed as Assistant Grade-III on probation for a period of 3 years and she was required to obtain Hindi typing certificate to her credit along with proficiency in computer. The respondents have also stated that again a circular was issued on 28.06.2011 and time was granted to all candidates to pass Hindi typing examination within a period of 3 years.

The respondents have further stated that vide circular dated 01.07.2013, the mandatory requirement of Hindi HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE W.P. No.9524/2020 (-3-) typing was substituted with Computer Proficiency Certification Test (CPCT) conducted by the Professional Examination Board and the petitioner though she was appointed in the year 2012 has not cleared the aforesaid test.

The respondents have stated that the Division Bench of this Court in the case of State of Madhya Pradesh Vs. Sachin Alawa and others (W.A. No.871/2018) has held the qualification of CPCT to be an essential qualification for the post of Assistant Grade-III and therefore, the petitioner as she is not holding qualification is not entitled to continue.

It is true that the qualification of Hindi typing was initially required but the fact remains that the Board of State of Madhya Pradesh has stopped conducting examination since 2013. Not only this, the petitioner has obtained a diploma in computer proficiency. The petitioner has been appointed on account of the policy issued by the State Government on 18.08.2008 in which there was a condition of Hindi typing and computer diploma.

The executive instructions issued by the State Government in respect of Computer Proficiency Certification Test (CPCT) qualification have been issued on a subsequent HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE W.P. No.9524/2020 (-6-) stage and therefore, the appointment made earlier cannot be disturbed on account of the fact that the petitioner does not have CPCT qualification as already stated earlier. The petitioner is a compassionate appointee, she does have certificate issued by a university recognized by the University Grants Commission in computer application and therefore, the impugned order is bad in law specially in light of the fact that no such qualification of CPCT has been prescribed in the recruitment rules governing the field known as Madhya Pradesh Public Health and Family Welfare (Directorate of Health Services) Class-III Ministerial Service Recruitment Rules, 1989.