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2005 DIGILAW 1286 (RAJ)

Abdul Jahar Quadri v. State of Rajasthan

2005-05-02

R.P.VYAS

body2005
Judgment R.P. Vyas, J.-The instant petition has been filed by the petitioner with the prayer that qualification of Adib Mahir acquired by the petitioner from Zamia Urdu, Aligarh be declared equivalent to Senior Secondary Examination and after taking into consideration the qualification of petitioner i.e., Adib Mahir, the respondents may be directed to accord appointment to the petitioner on the post of Teacher Grade III-Urdu (Minority language) in pursuance of advertisement dated 011.2000. 2. The brief facts of the case are that the petitioner passed examination of Secondary and Higher Secondary from the Board of Secondary Education, Rajasthan. After passing Higher Secondary Examination, the petitioner acquired the qualification of Adib Mahir from Zamiya Urdu, Aligarh and thereafter obtained the Bachelors degree in Science from University of Ajmer. 3. The petitioner thereafter obtained Bachelors degree in education from Kota Open University in the year 1995. 4. The petitioner also possesses the second class Scout guide certificate for which one bonus mark is prescribed in determination of merit list prepared for the post of Teacher Grade III (Minority Language), Urdu. 5. The respondent No. 2 issued an advertisement (Annexure 7) on 011.2000 inviting applications for appointment on the post of Teacher Grade III-Urdu (minority language) whereby in all 400 vacancies, Distt. wise were advertised, out of which four vacancies related to the Distt. Bikaner and 60 vacancies related to the Distt. Churu. The minimum qualification for appointment on the said post was Secondary/Higher Secondary/Senior Secondary with Urdu as optional subject and must possess the senior Secondary Certificate recognised by the State of Rajasthan with secondary with five subjects out of them Maths, Hindi and English are compulsory. The petitioner being fully eligible for appointment on the post of Teacher Grade-III Urdu (Minority language) applied for district Bikaner and Churu. 6. It has also been averred in the petitioner that the petitioner appeared before respondents No. 3 and 5 for interview on the date fixed and his name was placed at serial No. 11 in the merit list of District Bikaner and serial No. 70 in the merit list of District Churu. The petitioner also alleged that he secured 52.27% marks. 7. The petitioner also alleged that he secured 52.27% marks. 7. The petitioner further averred in the writ petition that the respondents No. 3 and 5 have accorded appointment to less meritorious candidates ignoring his legitimate claim in as much as incumbent standing at serial No. 12 having 52.05% marks has been accorded appointment. The said Ms. Abida Mughal has been arrayed as party respondent in this writ petition as respondent No. 4. However, the petitioner has not been accorded appointment. 8. It has also been alleged in the instant petition that in District Churu, the petitioner stood at serial No. 70 in the merit list, whereas the person standing at serial No. 74, namely, Ayub Khan has been accorded appointment and his candidature has not been considered only for the reason that he possesses the qualification of Adib Mahir from Zamiya Urdu, Aligarh. 9. In this writ petition, the main contention of the petitioner is that he is fully eligible for appointment on the post of Teacher Grade III-Urdu ( Minority Language), despite that he has not been accorded appointment on flimsy ground that the qualification acquired by the petitioner in Urdu is not recognised by the State of Rajasthan, whereas the petitioner is possessing the qualification of Secondary with five subjects out of them 3 are Hindi, English and Mathes, which are essential in terms of rules as well as advertisement. 10. The learned Counsel for the petitioner has also argued that the qualification of Adib Mahir has been recognised by the State of Rajasthan to be equivalent to Senior Secondary by order dated 21st January, /3rd February, 1965 (Annexure 9) which clearly reveals that qualification of Adib Mahir is equivalent to intermediate in the State of Rajasthan. Even the Board of Secondary Education has also recognised the qualification of Adib Mahir to be equivalent to the intermediate examination by order dated 06.08.1958 (Annexure 10). 11. The learned Counsel for the petitioner further submitted that the Government of India has also recognised the qualification of Adib Mahir to be equivalent to intermediate way back in the year 1978 vide order dated 28.06.1978 (Annexure 11). The Honble Supreme Court has also observed that the Adib Mahir is equivalent to Senior Secondary and an incumbent is entitled to seek appointment where the qualification of Senior Secondary or intermediate is required. The Honble Supreme Court has also observed that the Adib Mahir is equivalent to Senior Secondary and an incumbent is entitled to seek appointment where the qualification of Senior Secondary or intermediate is required. As such in the present case, the marks obtained by the petitioner in Adib Mahir ought to have been considered. 12. The learned Counsel for the petitioner further submitted that the qualification of Adib Kameel acquired from the same institution has been declared equivalent to the qualification of graduation by the Division Bench of this Court in the case of Tayeb Hussain vs. State of Rajasthan. 13. Further contention of the petitioner is that the select list remained in force till 30.03.2004 and during the life time of select list, he has approached this Court, thus, expiry of select list will not come in his way. 14. It has, therefore, been contended that the qualification of Adib Mahir acquired by the petitioner be treated as equivalent to Senior Secondary and the petitioner be accorded appointment after taking into consideration the marks obtained by him in Adib Mahir. 15. On the contrary, the learned Counsel for the respondent No. 6 has submitted that the writ petition filed by the petitioner is not maintainable as he has filed the instant petition in respect of two District namely Churu and Bikaner, whereas the selections are made district wise and different merit list is prepared in different district. He also contended that the petitioner has not even filed merit list of District Churu in order to substantiate his contention and lastly, the Counsel for the respondent No. 6 submitted that there is delay and laches on the part of the petitioner in filing the instant petition and hence, the same deserves to be dismissed. 10.16. The learned Counsel for the respondent No. 6 has also submitted that he is serving with the official respondents for last about 3 years and in case any directions are passed by this Court for according appointment to the petitioner, then his right should be protected. 117. Heard the learned Counsel for the parties and examined and scanned the material available on record. 18. 117. Heard the learned Counsel for the parties and examined and scanned the material available on record. 18. It is admitted position that the petitioner possesses the qualification of Adib Mahir and the candidature of the petitioner has not been considered for appointment on the post of Teacher Grade III- Urdu (Minority Language) only on the ground that the qualification of Adib Mahir is not recognised by the State of Rajasthan. 19. The controversy involved in the instant petition has been set at rest by the Judgment of Division Bench of this Court delivered in D.B. Civil Special Appeal No. 258/2004.- Ms. Altaf Bano vs. State & Ors. decided on 06.04.2005 [ 2005 (4) RDD 884 (Raj.)] wherein this Court has observed that Adib Mahir is equivalent to Intermediate i.e., Senior Secondary and Adib Kamil is equivalent to graduation. Therefore, non-consideration of candidature of the petitioner on the ground that he possess the qualification of Adib Mahir which is not recognised is absolutely illegal and against the verdict of this Court delivered in the case of Ms. Altaf Bano (Supra). 20. So far as preliminary objections raised by the respondent No. 6 are concerned, they have no force. The petitioner has filed the instant petition in respect of two districts i.e., Bikaner and Churu, but the cause of action of the petitioner is the same in respect of both the districts and hence the writ petition filed by the petitioner in respect of two districts is maintainable. 21. So far as preliminary objection regarding delay is concerned, there is no force in this contention in as much as the petitioner has filed the instant petition during the life time of the select list and hence, this preliminary objection also stands rejected. For the reasons mentioned above, the instant petition is allowed in terms of observations made by this Court in the case of Miss Altaf Bano (Supra) and the respondents are directed to consider the case of the petitioner for appointment on the post of Teacher Grade-III Urdu (Minority Language) in pursuance of advertisement dated 011.2000 (Annexure 7) strictly in accordance with law. If the petitioner is found otherwise eligible, he will be given appointment with all consequential benefits. No order as to costs.