Indian Kanoon - Search engine for Indian Law

(3) In terms of the Circular No. C 3-15/2014/1/3, Bhopal issued by General Administration Department, Madhya Pradesh on 26.02.2015 for the post of Subedar (Sub-Inspector) (Ministerial) Stenographer, the earlier Circular dated 01.07.2013 of the General Administration Department prescribing the qualification of Computer Typing instead of Hindi Typing Examination Certificate stands substituted to qualify Computer Proficiency Certification Test-CPCT conducted by Science and Technology Department instead of VYAPAM in respect of certification (Score Card) of Computer efficiency and Hindi Typing pass."

9. Learned counsel for the petitioner has also placed reliance upon the Supreme Court judgment reported as (2016) 16 SCC 95 (Raminder Singh v. State of Punjab and another) wherein it is held that any prescription of a condition in advertisement which is de hors the Rules is bad in law.

10. On the other hand, learned counsel for the State argued that the Rules i.e. M.P. Junior Service (Joint Qualifying) Examination Rules, 2013 were amended on 16.02.2015 published in M.P. Gazette (Extraordinary). As per the amended condition, a candidate is required to have qualified Higher Secondary Examination (10+2) and should possess a diploma/certificate in Computer Application from a recognized University. There is additional requirement of possessing a proficiency certificate of Hindi Typing on computer at the speed of 30 words per minute from the Government recognized institute, whereas, in respect of Stenographer, the candidate must have passed English or Hindi Shorthand Examination at the speed of 100 words per minute from any recognized Institution or Council and for Steno- typist. A candidate must have a speed of 80 words per minute in English or Hindi shorthand as recognized by the General Administration Department from time to time. Therefore, there are two separate conditions i.e. one is of passing diploma or certificate in Computer Application from a recognized University and there is also a requirement of possessing proficiency certificate in Hindi Typing on computer at the speed of 30 words per minute from a Government recognized institute, whereas for Stenographer, the speed exhibited in English or Hindi shorthand is 100 words per minute and for Steno-typist the candidate must have speed of 80 words per minute in English or Hindi shorthand. Thus, it is contended that the petitioners are possessing diploma or certificate in Computer Application but to test the typing speed on computer, Computer Proficiency Certification Test has been introduced, which is in terms of the statutory Rules itself.

15. Learned counsel for the petitioner referred to a Notification dated 3.2.2018 whereby the qualifications for the post of Assistant Grade-III were amended while amending the Madhya Pradesh Secretariat Service Recruitment Rules, 1976 (for short "1976 Rules"). As per said amendment, passing of computer proficiency certification test (CPCT) certificate (Score card) held by Science and Technology department with a speed of 20 words in Hindi and 30 words in English per minute is required apart from other qualifications in the said Rules. Similarly, the qualifications for the post of Steno-typist including the passing of Computer proficiency certification test (CPCT) certificate (Score card) held by Science and Technology department with a speed of 20 words in Hindi and 30 words in English per minute and Certificate of Hindi shorthand with a speed of 80 words per minute from recognised Institution/Council. The qualifications for the post of Stenographer including passing of Computer proficiency certification test (CPCT) certificate (Score card) held by Science and Technology department with a speed of 20 words in Hindi and 30 words in English per minute and Certificate of Hindi shorthand with a speed of 100 words per minute from recognised Institution/Council.

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.