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Showing contexts for: Proficiency computer in General Administration Department vs Sachin Alawa on 3 March, 2020Matching Fragments
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.
11. The posts for which the petitioners are the candidates are Group- IV posts as per the Rules. After the amendment in the Rules on 16.02.2015, the relevant conditions for joint examination as published in the official Gazette read as under:-
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 THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE (State of MP vs. Sachin Alawa & another) 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.
16. In the light of the respective arguments, a short question to be examined is whether the condition of qualification of Computer Proficiency Certification Test violates the statutory Examination Rules or is supplementing the statutory Rules.
17. Indore Bench of this Court in Komal Patel (supra) held that executive instructions will not supersede the recruitment Rules framed by the State Government, therefore, the qualification prescribed under the recruitment Rules are the only qualifications required for a particular post. On the other hand, Gwalior Bench in Alok Singh (supra) held that the circular dated 26.02.2015 is valid as there is no prohibition in the Rules that the qualification as are recommended by the General Administration Department cannot be made applicable.
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.