JABALPUR, India, July 28 -- Madhya Pradesh High Court issued the following judgment/order on June 27:
1. Appellant impugns order dated 06.05.2025 whereby the learned Single Judge had issued notice to the respondents.
2. Learned senior counsel for the appellant submits that the learned writ court erred in not appreciating that the case of the appellant was squarely covered by the judgments of Coordinate Benches of the Court and could have been disposed of without a long drawn litigation. He further submits that the issue as to whether clearance of CPCT test is mandatory for continuation in service is being raised. He further submits that subsequent to the passing of the impugned order, appellant has qualified the CPCT examination. He prays for leave to amend the writ petition to incorporate the said plea.
3. Learned counsel for the respondents raises a preliminary objection with regard to maintainability of the appeal and he further submits that the question as to whether the case of the appellant is covered by the judgments of the Coordinate Benches or not, is still to be considered by the Writ Court. He submits that an opportunity be granted to the respondents to file a counter affidavit to the writ petition pending before the learned Single Judge.
4. In view of above, without adverting on the question of maintainability of the present appeal, since a prayer is made by the learned senior counsel for the appellant to amend the writ petition, leave is granted to amend the writ petition to incorporate the qualification of the appellant in the CPCT examination. Petitioner shall file amended petition within one week and necessary amendment be also incorporated in the writ petition pending before the learned Single Judge. Copy of the amended petition be furnished to the learned counsel for the respondents who shall file a counter affidavit to the same on the record of the writ court within two weeks. Writ Court is requested to thereafter take up the case of the appellant as expeditiously as possible.
5. The appeal is accordingly disposed of in the above terms.
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