Research › Search › Judgment

Rajasthan High Court · body

2005 DIGILAW 1030 (RAJ)

Altaf Bano v. State

2005-04-06

MANAK MOHTA, N.N.MATHUR

body2005
JUDGMENT 1. This special appeal is directed against the order of the learned Single Judge dismissing the writ petition. 2. The second respondent Director, Primary Education, Rajasthan Bikaner issued an advertisement dated 7.11.2000 inviting applications for appointment on all 400 posts of Urdu Teachers Grade III in different districts. The appellant submitted application in response to the said advertisement. As per the advertisement a candidate must have passed Secondary/Hr. Secondary/Sr. Secondary by the Board of Secondary Education or institution recognised by the State of Rajasthan with Urdu as one of the optional subject and five subjects Mathematics, Hindi, English as compulsory subjects. Further, a candidate must be possessed of STC certificate from an institution recognised by the State of Rajasthan. The appellant after obtaining a Bachelor Degree of B.Com. qualified in the year 1993 having successfully completed two years B.Ed. Course in the year 1995 from Maharshi Dayanand University, Rohtak. She also passed Adib Mahir Examination which is equivalent to Intermediate/Sr. Secondary Examination from Zamiya Urdu, Aligarh, an institution recognised by the State of Rajasthan and the Board of Education Rajasthan, in the year 1999. She further passed Adib Kameel course conducted by the Zamiya Urdu Aligarh, which is equivalent to BA. However, she was not given appointment irrespective of the fact that she stood in merit. Thus, she approached to this Court by way of filing a writ petition. The learned Single Judge dismissed the writ petition on twin grounds; firstly that there is no material to show that the appellant was not appointed on the ground of her possessing qualification of Adib Mahir only; secondly before approaching to the Court she had not made any representation to the Department pointing out that she has not been appointed solely on that ground. 3. At the motion stage notice for final disposal was given. On 12.1.2005 the Court directed the learned Additional Government Advocate to verify the reason for not giving appointment to the appellant. Pursuant to the direction of this Court Mr. Nathu Lal Verma, DEO (Elementary), Churu has filed an affidavit. The panel position has been summarised in Para 3 of the affidavit. The name of the appellant appears at S. No. 18 having secured 57.041 %. She was denied appointment on the ground that she was not having Urdu as one of the optional subject in the Secondary/Hr. Secondary Examination. Nathu Lal Verma, DEO (Elementary), Churu has filed an affidavit. The panel position has been summarised in Para 3 of the affidavit. The name of the appellant appears at S. No. 18 having secured 57.041 %. She was denied appointment on the ground that she was not having Urdu as one of the optional subject in the Secondary/Hr. Secondary Examination. In Para 4 it is averred that the State Government issued an order dated 10.9.2003 clarifying the position that those who had qualification of Adib, Adib Mahir, Adib Kameel, from the Universities not established by law are not valid degrees. It is further averred that as the appellant had not obtained the certificate of Adib Mahir, Adib Kameel, from the universities not established by law are not valid degrees. It is further averred that as the appellant had not obtained the Certificate of Adib Mahir from a university established by law, she was not qualified. 4. The learned Counsel for the appellant submits that the appellant passed Adib Mahir Examination, which is equivalent to the Sr. Secondary, from Zamiya Urdu Aligarh. Similarly she passed Adib Kameel which is equivalent to B.A. from Zamiya Urdu Aligarh. He has further invited our attention to an order of the State Government dated 3rd February, 1965, whereby the degree awarded by the Zamiya Urdu Aligarh has been recognised by the Government of Rajasthan. The notification further provides that the certificate of Adib Mahir has been considered equivalent to Intermediate so as Adib Kameel equivalent to BA The said Notification is extracted as follows : Government of Rajasthan (General Administration (B) Department) No. F2(17)GA(B) Department Dated Jaipur, the 21st Jan. 65 3rd Feb. 65 ORDER Sub : Recognition of different Urdu examinations conducted by Zamiya Urdu, Aligarh The Government have decided co recognise the following examination conducted by the Jamiya Urdu, Aligarh as equivalent to the examinations noted against each so far as the Standard of Urdu is concerned for purpose of recruitment in the appropriate fields under this State Government. Name of Examination Equivalent to the Standard of Urdu in the following' Examinations Adib High School Adib Mahir Intermediate Adib Kamil B.A. Sd/- A.L. Roongta. (A.L. ROONGTA) Deputy Secretary to Government." 5. In view of the aforesaid Notification it cannot be said that the appellant has not passed Adib Mahir and Adib Kameel Examinations from an equivalent to Intermediate i.e., Sr. Secondary. (A.L. ROONGTA) Deputy Secretary to Government." 5. In view of the aforesaid Notification it cannot be said that the appellant has not passed Adib Mahir and Adib Kameel Examinations from an equivalent to Intermediate i.e., Sr. Secondary. Thus, in our view the appellant has been denied appointment on the post of Teacher Grade III (Urdu) on an erroneous premise. A serious miscarriage of justice has been caused to her in denying appointment on the aforesaid post irrespective of the fact that she is qualified and stood in merit. 6. Consequently, the special appeal is allowed. The order of the learned Single Judge dated 7.1.2004 is set aside. The writ petition is allowed. The respondents are directed to consider the case of the appellant for appointment on the said post in pursuance of Advertisement (Annexure-9). If the appellant is found otherwise eligible she will be given appointment with all consequential benefits.Appeal allowed. *******