Habibur Rehman and Others vs The State of Rajasthan and Another

Narendra Kumar Jain, J.—Heard the learned Counsel for Petitioners.

Learned Counsel for Petitioners submitted that Respondents recognised the examination of Adeeb and Adeeb Mahir from Jamia Urdu, Aligarh as equivalent to examination of Secondary and Senior Secondary. Petitioner Nos. 1 to 5 passed the Adeeb Examination in the year 2010 and Petitioner Nos. 6 and 7 in the year 2009 from Jamia Urdu, Aligarh. Petitioners came to know from a daily newspaper dated 12.07.2011 about a notice given by Respondent No. 2 mentioning therein that on the recommendations of the Committee constituted by the Board, they have cancelled the recognition order of Jamia Urdu, Aligarh vide order dated 22.06.2011 and no eligibility certificate shall be issued to the candidates, who will pass the examination from Jamia Urdu, Aligarh.

It is further contended that Petitioners passed their examinations before the above order dated 22.06.2011 withdrawing the recognition of Jamia Urdu, Aligarh. It is also contended that Petitioners served a notice on the Respondents through their Counsel on 20.07.2011 to issue requisite certificates as they passed their examinations in the year 2009 and 2010, but neither reply to notice has been given nor certificates have been issued.

During the course of arguments, it was also pointed out that Respondent-Board has already issued certificates to number of candidates, who have passed the said examination from Jamia Urdu, Aligarh in the year 2009 and 2010 before issuing the aforesaid notice. It has also been pointed out that one similarly situated candidate, namely Parmila Devi Sharma, who passed the examination of Adeeb in the year 2010, has been granted eligibility certificate and case of Petitioners is similar to that of Parmila Devi Sharma. A copy of eligibility certificate of Parmila Devi Sharma and Legal Notice dated 20.07.2011 (Annexure-4) have also been placed on record. He, therefore, contended that either Respondents may be directed to issue eligibility certificates to Petitioners or to decide their Legal Notice sent to respondents.

I have considered the submissions of the learned Counsel for Petitioners and examined the documents annexed with the writ petition.

From the documents, it is clear that Annexure-4, Legal Notice dated 20.07.2011 was given to, (1) The Secretary, Department of Education, Government of Rajasthan, Secretariat, Jaipur and, (2) The Secretary, Secondary Education Board, Rajasthan, Ajmer, but neither eligibility certificates have been issued to Petitioners nor any order has been passed on the said Legal Notice.

After considering all the facts and circumstances of the case, I am of the view that ends of justice will meet, in case Respondents are directed to consider and decide the case of Petitioners within a period of one month from the date of receipt of copy of this order.

Petitioners are directed to serve an extra copy of legal notice sent by them or fresh representation along with copy of this order to the Respondents, who are directed to decide the same within a period of one month from the date of receipt thereof.

With the aforesaid observations and directions, the writ petition stands disposed off.

Since the writ petition itself has been disposed off, therefore, this stay application also stands disposed off.