Snehlata vs State of Rajasthan and Others

Alok Sharma, J.—The case of the petitioner is that she passed Adeeb-e-Mahir course from Jamia Urdu Aligarh in the year 2010, which is purportedly equivalent to Secondary examination conducted by the Board of Secondary Education Ajmer (hereinafter ''the Board'') and was so recognised until its recognition was withdrawn vide order dated 5-7-2011. It has been submitted that in view of her qualification of Adeeb-e-Mahir course, the petitioner applied for Auxiliary Nurse and Midwives course (aNM course) in pursuance to the advertisement issued by the Director Medical and Health Jhunjhunu in 2013. On the basis of her qualification of Adeeb-e-Mahir course and comparative merit, the petitioner was called for counseling on 16-12-2013. At the time of counseling the petitioner submitted all documents relevant to her qualification and eligibility including the certificate of Adeeb-e-Mahir course issued by Jamia Urdu Aligarh in 2010. She was then allowed to join the ANM course at Nagaur. Subsequent to the induction of the petitioner into ANM course at Nagaur, she applied for her transfer to Jhunjhunu and was so transferred against the vacant seat of ANM course on 4-7-2014. The first year ANM course examination were conducted between 14-11-2014 to 24-11-2014. Even though the petitioner submitted her examination form with requisite fee, it was not accepted. No reason was given out in writing, yet orally the petitioner was informed that her certificate of Adeeb-e-Mahir course from Jamia Urdu Aligarh was not recognised rendering her ineligible for the ANM course. Consequently her induction to ANM course was illegal and she could not continue in the ANM course.

It has been submitted that the petitioner having passed the Adeeb-e-Mahir in the year 2010, the order dated 5-7-2011 passed by the Board de-recognising Adeeb-e-Mahir from jamia Urdu Aligarh as equivalent to its Secondary Examination would not be effective against the petitioner and her qualification in Adeeb-e-Mahir obtained prior to 5-7-2011 would be valid for eligibility and admission into the ANM course. It has been submitted that the respondents were treating the certificate of Adeeb-e-Mahir valid prior to its derecognition vide order dated 5-7-2011, inasmuch as other similarly situate candidates possessing the certificate of Adeeb-e-Mahir prior to 5-7-2011 have been allowed to continue in the ANM course and have in fact also been appointed by the respondents as midwives on successful completion of the course.

Dr. Saugath Roy, learned counsel for respondents has submitted that this court in the case of State of Rajasthan (The) and Others Vs. Firdos Tarannum, has held that Jamia Urdu Aligarh not being an institution established under the orders of the Central Government, State Government or University Grants Commission was not empowered/entitled to issue degrees/certificates of qualification and where issued such degrees/certificates would not render the candidates eligible for employment in State of Rajasthan. In coming to this conclusion the Division Bench noted that the State of Rajasthan vide notifications dated 23-11-1991 and 24-4-1993 has made it explicit that only those qualifications which were issued by the institutions which are the creation of law i.e. Central Government/State Government, University Grants Commission could be considered for recognition for appointment in the State of Rajasthan. Dr. Saugath Roy has further submitted that the certificate of Adeeb-e-Mahir by Jamia Urdu Aligarh to the petitioner in 2010 would stand worthless for employment in State of Rajasthan effective 1991. It has also been submitted that the Board vide order dated 5-7-2011 has only recognised the aforesaid position of law and derecognised the certificates issued by Jamia Urdu Aligarh declaring its Adeeb-e-Mahir course not equivalent to its Secondary Examination of the Board. This position, counsel submitted, has also been well set out in judgment in the case of Sunita Singh and Others v. Board of Secondary Education, Rajasthan Ajmer (S.B. Civil Writ Petition No. 8864/2011) decided on 22-9-2011 as upheld by the Division Bench of this court in D.B. Civil Special Appeal (Writ) No. 1942/2011 (Deepak Kumar Meena v. Board of Secondary Education Rajasthan Ajmer) decided on 20-4-2012.

Counsel for the respondents has also submitted that the petitioner cannot claim any equity on the basis of her induction in ANM course on the basis of her certificate of Adeeb-e-Mahir, as an error at the instance of the Chief Medical and Health Officer Nagaur contrary to legal position obtaining in judgments of the Division Bench of this court confers no advantage on her. It has been submitted that the allegation with regard to other similarly situated candidates continuing in ANM course/s in the State of Rajasthan are absolutely false and vague as no material facts have been pleaded such as the names of such candidates or the places of their purported employment in the State of Rajasthan. Counsel submitted that he has instructions to state that certificates issued by Jamia Urdu Aligarh subsequent 1991 are not and will not be allowed for the purpose of admission to an 91 course or appointment in the ANM courses.

Heard. Considered.

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 its certificates/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.