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2. It is submitted by counsel for petitioner that father of petitioner was working on the post of Deputy General Manager in M.P. State Mining Corporation Limited. He died in harness on 10.11.2016. On account of sudden demise of father of petitioner, petitioner submitted an application seeking appointment on compassionate ground. The said prayer was duly accepted and by order dated 02.06.2017 petitioner was appointed on the post of Junior Manager (Field). In the said order it was stipulated that petitioner shall be required to submit Computer Diploma and Computer Typing Proficiency Test from the institute recognised by State of Madhya Pradesh within a period of 3 years. Although petitioner has obtained PGDCA from Mansarovar Global University but could not obtain CPCT certificate. It is submitted that PGDCA also includes Hindi/English typing which is evident from marksheet of PGDCA. It is submitted that by order dated 12.07.2022 petitioner has been directed to submit certificate of passing of CPCT from a institute recognised by State of Madhya Pradesh because CPCT is essential eligible condition for appointment to the post of Junior Manager (Field). Since respondents are insisting upon production of CPCT certificate, therefore, in absence thereof, appointment of NEUTRAL CITATION NO. 2024:MPHC-JBP:53121

3. Per contra, petition is vehemently opposed by counsel for respondents. It is submitted that petitioner is trying to take advantage of rules which are made for ministerial post but petitioner is holding a non-ministerial post, therefore, law laid down in the case of Kumari Resham Meghwal (supra) is not applicable. It is submitted by counsel for respondents that in the appointment order dated 02.06.2017 it was specifically mentioned that appointee has to pass CPCT from a recognized institution within a period of 3 years which can be extended by a further period of one year. Accordingly, by order dated 29.07.2020 petitioner was directed to produce PGDCA mark-sheet as well as CPCT certificate issued by a recognized institute within a period of 7 days. Thereafter, petitioner filed an application on 18.08.2020 for extension of time by one year. Accordingly, by order dated 23.11.2021 a further time of one year was granted i.e. upto 26.06.2022 to produce CPCT certificate and ultimately by impugned order dated 12.07.2022 petitioner was directed to produce CPCT certificate. It is submitted that petitioner is holding a Class- III non-ministerial post. As per Madhya Pradesh Junior Service (Joint Qualifying) Examination Rules, 2013, candidate applying for Group-3 post must have passed Higher Secondary Examination and must have Diploma in Computer Application/Certificate from the recognized University. Proficiency in Hindi Typing on Computer at a speed of 30 words per minute, for Stenographer the candidate must have passed English/Hindi Shorthand Examination at a speed of 100 words per minute from any recognised institution/Council and for Steno-Typist the candidate must have a speed in English/Hindi Shorthand of 80 words per minute as recognised by General Administration Department, from time to time. Thus, it is submitted that even for direct recruitment the minimum qualification as per Rule 10 of Madhya Pradesh Junior Service (Joint Qualifying) Examination Rules, 2013 is Higher Secondary Examination alongwith Diploma in Computer Examination and proficiency in Hindi Typing on Computer at a speed of 30 words per minute. Furthermore, in the appointment order itself it was specifically made clear that petitioner must pass CPCT NEUTRAL CITATION NO. 2024:MPHC-JBP:53121 4 WP-32997-2024 within a period of 3 years from the date of appointment. Petitioner was given appointment on 02.06.2017 whereas impugned order was passed on 12.07.2022 and extension by one year was also granted to petitioner. However, petitioner could not obtain CPCT and thus he is liable to face consequences. It is further submitted that G.A.D. by circular dated 26.06.2015 had made the score card of CPCT compulsory for appointment on contact/regular basis.

4. Heard learned counsel for parties.

5. Petitioner was granted appointment on compassionate ground by order dated 02.06.2017 and prior thereto passing of CPCT was made compulsory for recruitment to Class-III post. Apart from that, the said fact was also specifically mentioned in appointment order of petitioner. Initially he was granted 3 years to obtain score card of CPCT and later on, at the request of petitioner further extension of one year was granted. By the impugned order, petitioner has been directed to produce CPCT score card. During the course of arguments, it was accepted by counsel for petitioner that although petitioner had made multiple attempts but he could not qualify CPCT.

11. With aforesaid observations, petition is finally disposed of".

7. In the present case also the petitioner was appointed on compassionate ground. He has been given multiple opportunities to pass CPCT examination but he could not do so. The reliance placed by the petitioner on the circular dated 15.11.1984 for exemption from CPCT examination is misconceived. Furthermore, the petitioner was appointed much subsequent to the circular dated 15.11.1984. Initially, the Hindi typing test was being conducted by VYAPAM and with passage of time CPCT examination is being conducted to test the efficiency. In the light of various circulars which have already been considered by this Court in the case of Virat Dev Singh (supra), it is held that the petitioner cannot be exempted from passing CPCT examination. However, it is made clear that since the petitioner was appointed on compassionate ground and termination of his service on the ground of non-passing of CPCT examination would be bit harsh, therefore, it is directed that in case if petitioner fails to produce the score card of CPCT then his case may be considered for appointment on class III or class IV post for which passing of CPCT examination is not compulsory. Accordingly, it is directed that in case if the petitioner submits his consent for consideration of his case for his appointment on any other class III or class IV post for which passing of CPCT examination is not necessary then respondents shall consider his claim for the said post.