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2022 DIGILAW 450 (RAJ)

Jahida Salma D/o Mohd. Shahid v. State of Rajasthan

2022-02-10

MAHENDRA KUMAR GOYAL

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JUDGMENT : MAHENDRA KUMAR GOYAL, J. 1. Since, all these writ petitions share similar facts and involve common question of law, they have been heard together and are being disposed of vide this common order. 2. To understand the factual matrix, the facts from SB Civil Writ Petition No. 15111/2018 are being referred. 3. The petitioners applied for appointment on the post of Health Worker (Female) in pursuance of advertisement dated 18.06.2018. Their candidature was rejected on the premise that they have acquired qualification of ‘Adeeb’ from the Jamia Urdu, Aligarh which has not been recognized as equivalent to Secondary School examination by the Board of Secondary Education, Rajasthan, Ajmer. A prayer has been made to consider the petitioners eligible for appointment and to accord them appointment as per their merit position with all consequential benefits. 4. The respondents No. 1 and 2 have, in their reply, stated that since the Adeeb examination passed from Jamia Urdu, Aligarh is not a valid equivalent qualification to secondary examination, the petitioners are not entitled for appointment. 5. The respondent No. 4 has, in its reply, stated that vide order dated 31.07.2002, it has granted equivalence to Adeeb qualification for appointment as Urdu Teachers only and for rest, it was conditional in absence of fulfillment whereof, the petitioners are not entitled for appointment. 6. Reiterating the averments made in the writ petition, learned counsels for the petitioners submitted that the controversy involved herein is no more res integra and stands resolved by two Division Bench judgments of this Court in the cases of Altaf Bano vs. State of Rajasthan and Others, D.B. Civil Special Appeal (Writ) No. 258/2004 decided on 06.04.2005 and State of Rajasthan and Others vs. Ms. Firdos Tarannum and Another, D.B. Civil Special Appeal (Writ) No. 534/2005 decided on 12.01.2022 wherein, the qualification of Adeeb from Jamia Urdu, Aligarh has been held to be valid secondary examination for the purpose of appointment in the State of Rajasthan. They, therefore, prayed that the writ petitions be allowed, the respondents be directed to consider their candidature and to accord them appointment with all consequential benefits as per their merit position. 7. Per contra, Dr. They, therefore, prayed that the writ petitions be allowed, the respondents be directed to consider their candidature and to accord them appointment with all consequential benefits as per their merit position. 7. Per contra, Dr. Vibhuti Bhushan Sharma, learned Additional Advocate General submitted that another Division Bench of this Court has, in case of Karan Singh vs. RPSC and Another, D.B. Civil Special Appeal (Writ) No. 703/2014 vide its order dated 04.02.2015, held that since, the qualification of Adeeb-E-Mahir has not been declared equivalent qualification by the State Government to the qualification of secondary examination certificate, the appellant-petitioner was not entitled for appointment on the post of Physical Training Instructor, petitioners are also not eligible for appointment. He, therefore, prayed for dismissal of the writ petitions. 8. Learned counsel appearing for the respondent No. 4 submitted that equivalence given by the Board to the qualification of Adeeb was for a limited purpose, i.e. for appointment as Teacher (Urdu) and hence, the petitioners are not entitled for appointment as Health Worker (Female) on the strength of Adeeb qualification. 9. Heard learned counsels for the parties and perused the record. 10. The controversy as to eligibility of the persons for appointment having obtained Adeeb qualification from Jamia Urdu, Aligarh, stands resolved by a Division Bench of this Court vide its order dated 12.01.2022 in case of the State of Rajasthan and Others (supra). The Division Bench, while approving the law laid down by an earlier Division Bench of this Court in case of Altaf Bano (supra), proceeded to held as under: “In addition to respectfully accepting the view of the Division Bench in the case of Altaf Bano (supra) we are also independently of the view that the stand of the State Government that the petitioner was not eligible for appointment to the post in question is invalid. As noted, the institution in question and courses offered are recognized by several States and Central Government since decades. Closure to home, the State of Rajasthan as far back in the year 1965 had issued an order, which reads as under: “Government of Rajasthan [General Administration (B) Department] No. F.2(17)GA(B) Department Dated Jaipur, the 21st January 1965 and 3rd February 1965 ORDER: Sub-Recognition of different Urdu Examinations conducted by Zamiya Urdu, Aligarh. Closure to home, the State of Rajasthan as far back in the year 1965 had issued an order, which reads as under: “Government of Rajasthan [General Administration (B) Department] No. F.2(17)GA(B) Department Dated Jaipur, the 21st January 1965 and 3rd February 1965 ORDER: Sub-Recognition of different Urdu Examinations conducted by Zamiya Urdu, Aligarh. Government have decided to recognize the following Examinations conducted by the Jamia Urdu, Aligarh as equivalent to the examinations noted against each so far as the Stapdard of Urdu is concerned for purpose of recruitment in the appropriate fields under this State Government. Name of the Examination - Equivalent to the standard of Urdu in the following Examinations. Adib Adib Mahir Adib Kamil High School Intermediate B.A. Sd/- (A.L. Roongta) The Rajasthan Secondary School Board had also issued similar clarification on 31.07.2002. The courses in question and their equivalence have been thus recognized and accepted since long. The State Government therefore now cannot take the stand that the course followed by the petitioner was not from an institute established by the Central or the State Government and therefore, the petitioner was not qualified to hold the post in question. We may also record that the State Secondary School Board had published a booklet in the year 2007 (copy produced on record) in which there is a list of other boards, universities and institutions whose courses and examinations have been recognized by the secondary school board. The courses of Adib examination and Adib Mahir examination imparted by Jamia Urdu, Aligarh have been recognized and equated with secondary examination and higher secondary examination respectively. Before closing we must deal with three documents submitted by the learned Additional Advocate General. First such document is a communication 23.11.1991 issued by the State of Rajasthan which provides that the Central Government has in its communication dated 04.07.1952 provided that the courses offered by the university or institution established by the Central or State Government or which have been recognized by the University Grants Commission would be recognized and therefore degrees and diplomas granted by such institutions would not have to be separately recognized. The second document is a communication dated 24.04.1993 issued by the Director, Primary and Secondary Education, State of Rajasthan in which after referring to the above noted communication dated 23.11.1991 it has been stated that the Jamia Urdu Aligarh is not an institution established by the university or the board and the course of Mohalim-E-Urdu will not be considered equivalent to B.Ed degree. In our opinion, these communications would not change the complexion so far as Government order dated 03.02.1965 is concerned. In the said order specifically the Government has decided to recognize specific named courses offered by the institution and also provided their equivalence. The communication dated 23.11.1991 merely records the stand of the Central Government that in relation to the institutions established by the Central or the State Government or recognized by the UGC, there would be no need to separately recognize the courses offered by them. This does not mean that no other courses of these institutions can be recognized by the State Government. The communication dated 24.04.1993 is primary a reiteration of the stand adopted by the State Government in the communication dated 23.11.1991 and it further specifically de-recognizes a particular course offered by the Jamia Urdu Aligarh namely the course of Mohalim-E-Urdu, which shall not be considered equivalent to B.Ed. Reference has also been made to the office order dated 05.07.2011 issued by the secondary education board in which it is recorded that the question of recognizing the course offered by the Jamia Urdu Aligarh have been considered in the board meeting dated 19.05.2011. The institution was also given opportunity of hearing. Decision of this Court in the case of Firdos Tarannum (the present case in which at that time the Division Bench judgment held field) was also examined. The Government communication dated 24.04.1993 was also taken into consideration. Eventually, it was decided not to recognize the courses offered by the said institution and the earlier recognization was withdrawn. Even this development can have no impact in the present proceedings. The de-recognization from the secondary school board to the courses offered by the said institution came about in the year 2011. The same can have no adverse impact on the students who already pursued the courses and obtained certificates of completion of the courses earlier. Even this development can have no impact in the present proceedings. The de-recognization from the secondary school board to the courses offered by the said institution came about in the year 2011. The same can have no adverse impact on the students who already pursued the courses and obtained certificates of completion of the courses earlier. These certificates were first recognized and considered equivalent to the relevant qualifications by the State Government since the year 1965 which continued without any further change thereafter except for the said two clarifications issued in the year 1991 and 1993. The secondary school board also had granted specific recognition to these courses in the year 2002, it was recalled only in the year 2011 which can have only prospective effect. Under the circumstances, we do not find that the learned Single Judge committed any error. We may record that in view of the conflict between the two decisions of the Division Benches of this Court in the cases of Altaf Bano (supra) and Firdos Tarannum (supra), a reference was made to the larger bench. In Firdos Tarannum (supra) Supreme Court has remanded the proceedings before this Court and which are now being decided by this judgment which in any case is not in conflict with the view expressed in the case of Altaf Bano (supra). The reference to the larger bench would therefore become one of no consequence.” 11. It is undisputed that all the petitioners have obtained ‘Adeeb’ qualification from Jamia Urdu, Aligarh prior to year 2011. Thus, the aforesaid judgment applies with full vigour in the instant writ petitions. 12. There is another important aspect of the matter. The qualification provided for appointment on the post of Female Health Worker under the Rajasthan Medical and Health Subordinate Service Rules, 1965 (for brevity “the Rules of 1965”) is as under: “Xth standard with Auxiliary Nurse Midwifery/Health Worker Female Course passed and registered in Rajasthan Nursing Council as B Grade Nurse.” 13. It nowhere provides that Xth standard must be passed from the Board of Secondary Education, Rajasthan, Ajmer or should be an equivalent qualification so declared by the Board of Secondary Education, Ajmer, in absence whereof, the question of recognition/equivalence, perhaps, does not arise. 14. It nowhere provides that Xth standard must be passed from the Board of Secondary Education, Rajasthan, Ajmer or should be an equivalent qualification so declared by the Board of Secondary Education, Ajmer, in absence whereof, the question of recognition/equivalence, perhaps, does not arise. 14. Learned counsels for the respondents could not satisfy this Court as to requirement of recognition/equivalence by the Board of Secondary Education, Rajasthan, Ajmer in absence of any such stipulation in the Rules of 1965 of course, the Board from which a candidate has passed Xth standard must be valid one, a situation obtaining in the present case. 15. Therefore, the judgment relied upon by the respondents in case of Karan Singh (supra) is of no assistance to them. 16. In view of the above, the writ petitions deserve to be allowed. 17. The writ petitions are allowed accordingly. The respondents are directed to consider candidature of the petitioners for appointment on the post of Health Worker (Female) and to accord them appointment if found suitable otherwise as per their respective merit position with all consequential benefits from the date persons less meritorious were given appointment barring actual monetary benefits. 18. The pending applications, if any, stand disposed of accordingly.