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2009 DIGILAW 164 (RAJ)

Jakir Hussain v. State of Rajasthan

2009-01-20

MOHAMMAD RAFIQ

body2009
JUDGMENT 1. - Heard learned counsel for the parties. 2. This writ petition has been filed by the petitioner claiming appointment on the post of Urdu Teacher Gr.III on the strength of qualification of Adib/Mahir possessed by the petitioner which he obtained from Zamiya Urdu, Aligarh. Learned counsel for the petitioner has relied on two Division Bench judgments of this Court in Miss Altaf Bano v. State of Rajasthan (DB Civil Special Appeal No.258/2004 ) and Tayyab Hussain v. State of Rajasthan (D.B. Civil Review Petition No.22/2002 ). 3. The aforesaid two judgments have been distinguished and explained away by the subsequent Division Bench judgment of the Principal Seat at Jodhpur decided on 20/1/2006 reported in State of Rajasthan v. Firdos Tarannum : 2006(1) RDD 467 wherein, the Division Bench in paras 20 & 21 held as under:- "20. In the light of the matter, it is considered that the petitioner who has acquired Urdu qualification issued by Zamiya Urdu, Aligarh, possesses a qualification which is not a qualification awarded by an Institution which had a legal sanction behind it, therefore, the same is not available for the purposes of employment in the State of Rajasthan. 21. In view of the aforesaid discussion, we are of the opinion that the degrees issued by the Zamiya Urdu, Aligarh would be hit by the orders of the Central Government and that of the State of Rajasthan whereby the Degrees and Certificates issued by such Institutions which are not established under the law are not recognised for the purpose of appointment. In that view of the matter, the judgment of the learned Single Judge deserves to be set aside. The writ petition consequently is also dismissed." In view of above, the present writ petition is dismissed.Writ Petition Dismissed *******