AI Structured Summary
Not yet generated for this judgment
Judgment
By way of the present writ petition, the petitioner has prayed
for the following reliefs, which reads as under:-
"PRAYER
Therefore, it is humbly and most respectfully prayed that this writ petition may kindly be allowed and; a) The respondents kindly be directed to not to reject the candidature of petitioner for the advertised vacancy of LDC-2013 on the ground of her acquiring the qualification from Jamia Urdu Aligarh.
b) The respondents may kindly be directed to give appointment to the petitioner on the post of LDC in pursuance of advertisement (Annexure 1) with all consequential benefits of she finds place in the merit list.
Any other writ, order, direction which this Hon''ble Court deems fit in the interest of justice and the petitioner may kindly be passed."
The petitioner has passed Adeeb & Adeeb-e-Mahir, which
are said to be equivalent to Secondary and Senior Secondary
respectively, from Jamia Urdu, Aligarh. According to her, the
courses aforesaid were recognized by the Board of Secondary
Education, Ajmer, vide its order dated 31.07.2002 though
subsequent thereto, the Board of Secondary Education, Ajmer had
de-recognized the aforesaid courses on 05.07.2011.
Mr. Sukesh Bhati, learned counsel for the petitioner
contended that the petitioner had acquired educational
qualification in the year 2008 and 2009, while the certificates
aforesaid were recognized by the Board of Secondary Education,
Ajmer. He contended that since the petitioner has accomplished
her courses, prior to its de-recognition, the petitioner cannot be
denied the right of consideration, pursuant to the Advertisement
for the post of LDC-2013.
On the other hand, Mr. Manish Patel, learned Government
Counsel, appearing for the respondents contended that the Writ
Petition of the petitioner is solely based on an apprehension. The
petitioner has neither stated the facts nor has laid any foundation,
indicating that her candidature has been rejected on the ground of
the aforesaid certificates of Adeeb & Adeeb-e-Mahir.
Mr. Rishabh Tayal, Associate of Mr. K.L. Thakur, learned
Additional Advocate General, relied upon and cited judgment
dated 27.11.2015 passed in S.B. Civil Writ Petition No.
13325/2015 titled as "Sumitra Vs. State of Rajasthan &
Ors." and another Division Bench judgment dated 04.02.2015
rendered in D.B. Civil Special Appeal (Writ) No.703/2014 titled
as "Karan Singh Vs. RPSC & Anr.", and contended that this
Court has in no ambiguous terms held, "that the courses namely,
Adeeb & Adeeb-e-Mahir are not recognized for the purpose of
appointment by the State of Rajasthan.
In rejoinder, Mr. Sukesh Bhati, learned counsel for the
petitioner, contended that the question, as to whether, "Urdu
qualification awarded by the Jamia Urdu, Aligarh had a legal
sanction behind it and is recognized for admission to higher
courses/employment in the State of Rajasthan ?", is pending
consideration before the Larger Bench of this Court and, therefore,
till the matter is finally adjudicated by the Larger Bench, the
petitioner''s rights be protected. Mr. Bhati had placed before the
Court, for perusal, an interim order dated 21.04.2016 passed by
the Division Bench of this Court in the case of "Deepu Choudhary
& Anr. Vs. State of Rajasthan & Ors." (D.B. Civil Special Appeal
No.91/2016) and contended that the Division Bench has
permitted the similarly situated persons to participate in the
examination in question provisionally. In support of his contention,
that a person having obtained qualification prior to its de-
recognition cannot be denied right of appointment, as he has bona
fidely pursued and acquired such qualification, Mr. Bhati cited the
judgment of the Hon''ble Supreme Court rendered in case of
Suresh Pal & Ors. Vs. State of Haryana, reported in [1987]
0 AIR (SC) 2027 / [1987] 2 SCC 445.
I have heard learned counsels for the rival parties and
perused the material available on record and considered the
relevant material, including the judgments/orders cited by the
rival parties. Having undertaken this exercise, I am of the
considered opinion that the petitioner is not entitled to relief she
has prayed for.
Firstly, the present Writ Petition is based on apprehension.
There is no order or communication, denying petitioner''s right of
consideration on the basis of her educational qualification. Be that
as it may.
Secondly, even if it is presumed that the State is going to
deny the right of consideration to the petitioner, in wake of her
educational qualification, namely, Adeeb & Adeeb-e-Mahir from
Jamia Urdu, Aligarh, this Court is bound by the view already taken
by the co-ordinate Bench in its judgment dated 27.11.2015 in
Sumitra''s case (supra) and the Division Bench Judgment dated
04.02.2015 in Karan Singh''s case (supra).
It will not be out of place to reproduce the relevant portion
of the judgment dated 27.11.2015 rendered in Sumitra''s case:-
"Whereafter, repeatedly determination have been made by this Court based on the law laid down in the case of Firdos Tarannum (supra) as the persons, who have acquired qualification of Adeeb and Adeeb-e-Mahir have been repeatedly attempting to seek recognition and/or equivalence with secondary/senior secondary of the said qualifications, however, the view of this Court has been consistent.
The last being the judgment in the case of Snehlata (supra), wherein it was held as under:-
"The position which emerges from the contention of counsel for the petitioner on the one hand and that of the respondents on the other is that Jamia Urdu Aligarh is not an institute which is established under the orders of the Central Government, State Government or University Grants Commission. Therefore it has no authority to issue any degree/ certificate in respect of any course. The State of Rajasthan as early as in the year 1991 has notified that certificate of qualifications from Jamia Urdu Aligarh would not render a candidate holding itscertificates/ degree eligible for appointment in the State of Rajasthan and by logic induction into in any course in the state. In my considered opinion, an error in the induction/ admission of the petitioner in the ANM course pursuant to advertisement 2013 by the Director Medical and Health Services Nagaur would not confer any right upon the petitioner, protection whereof would be warranted in exercise of the equitable extraordinary jurisdiction of this court under Article 226 of the Constitution of India. Aside of consideration of the application of the petitioner by the Chief Medical and Health Officer for her erroneous induction into the ANM course, it was the duty of the petitioner herself to ensure that she had the requisite qualifications for being admitted into the ANM training course. Thousands, if not lakhs, of applications are filed for admission to various courses or for appointment. The sheer volume is a prospect for the inadvertent inevitable human error. Hence aside of the obligation of the admitting college/institutions it is also the students/ candidates'' duty to self assess honestly and bonafidely. An error cannot be the foundation of a legal right and trump the requirement of eligibility. Since the petitioner was wrongly inducted into the ANM course on the basis of a Adeeb-e-Mahir certificate issued by an unauthorised institute Jamia Urdu Aligarh, she is not entitled to continue in the ANM course. Further in the context of lack of material facts for setting up a case based on discrimination, the case set up and arguments advanced on that count only deserve to be noticed to be rejected.
In the facts and circumstances of the case, I find no force in the writ petition and the same is dismissed."
A perusal of both the judgments aforesaid reveals that this
Court has, in no ambiguous terms, held that the aforesaid
courses, namely, Adeeb & Adeeb-e-Mahir from Jamia Urdu,
Aligarh, have been de-recognized by the State of Rajasthan in
1991 and in light thereof, the candidates having these educational
qualifications are not entitled to seek employment. This Court has
expressed its anguish and concern that despite repeated
determination and consistent view, the efforts are being made to
seek indulgence for such courses.
The argument of the petitioner that since the matter,
regarding recognition/de-recognition, is pending consideration
before the Larger Bench of this Court, the petitioner should be
extended indulgence, cannot be countenanced at this state,
particularly when, there are two direct judgments, as aforesaid,
rendered by this Court, that the educational qualifications of
Adeeb & Adeeb-e-Mahir from Jamia Urdu, Aligarh are not
recognized by the State of Rajasthan.
It is not in dispute that the reference, regarding recognition
of the qualification of Jamia Urdu Aligarh, was made way back in
the year 2013 and both the judgments aforesaid in the cases of
Sumitra and Karan Singh were rendered by this Court, after
reference of question to the Larger Bench.
Needles to state that bound of law of precedence and judicial
propriety, this Court cannot take a view contrary to the one, which
has already been taken by this Court, despite pendency of the
Larger Bench reference.
Adverting to the judgment of the Hon''ble Supreme Court in
the case of Suresh Pal & Ors. (supra), as cited by the learned
counsel for the petitioner, suffice it to say that the facts before the
Hon''ble Supreme Court were starkly different, wherein, it has
been noticed, as matter of fact, that the State of Haryana had
recognized such courses, whereas, in the present case, the
petitioner has simply shown recognition of her educational
qualification by the Board of Secondary Education, Ajmer.
There is no denial of the fact that the State of Rajasthan has
de-recognized such courses, namely, Adeeb & Adeeb-e-Mahir, for
appointment way back in the year 1991.
In view of the above, the judgment of the Hon''ble Supreme
Court cited by the learned counsel for the petitioner does not
serve the petitioner''s cause.
This Court does not find any substance and force in the
present Writ Petition and the same is dismissed hereby.