Raif Aehmad and Others vs State of Rajasthan and Others

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

Learned Counsel for the Petitioners submitted that Respondents recognized the examination of Adeeb from Jamia Urdu, Aligarh as equivalent to Secondary School Examination. Petitioner Nos. 1 to 4 passed Adeeb Examination from Jamia Urdu, Aligarh in the year 2009, whereas Petitioner No. 5 passed Adeeb Examination from Jamia Urdu, Aligarh in the year 2010. The Petitioners came to know that the Board of Secondary Education, Rajasthan has cancelled recognition 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.

Learned Counsel for the Petitioners further argued that Respondent-Board has already issued certificates to number of candidates who appeared in the said examinations in the year 2009-2010 before passing the order withdrawing recognition of Jamia Urdu, Aligarh. The Petitioners could not apply for issuance of certificates, therefore, they will not be issued their Eligibility Certificates now, whereas the case of the Petitioners and those of other candidates, who passed the same examinations in the years 2009-2010, is similar, therefore, two equals cannot be treated as unequal, merely on the basis that some persons/candidates could not apply for issuance of certificate in time.

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

I have already considered the similar controversy in S.B. Civil Writ Petition No. 10117/2011 Habibur Rehman and Ors. v. The State of Rajasthan and Anr., decided on 08.08.2011 and after considering submissions of learned Counsel for the Petitioners, directed that a representation be submitted before the Respondents alongwith copy of this order and the Respondents have been directed to decide the same within a period of one month from the date of receipt thereof. In these circumstances, for the same reasons, which have been mentioned in the case of Habibur Rehman and Ors.(supra), the present writ petition is also liable to be disposed off.

Consequently, the Petitioners are directed to file a fresh representation alongwith copy of this order before 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.