Rajasthan High Court - Jodhpur
Surendra Singh & Ors vs State (Education ) & Ors on 4 August, 2011
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
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S.B. CIVIL WRIT PETITION NO.7075/2011
Surendra Singh Vs. State of Rajasthan & Ors.
Date of order : 4th August, 2011
PRESENT
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr. Tanwar Singh for petitioner.
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Heard learned counsel for the petitioner. In this writ petition, the petitioner has prayed for quashing the order dated 5th July, 2011 (Annex.3) passed by the Board of Secondary Education, Rajasthan.
Learned counsel for the petitioner submits that the order dated 5th of July, 2011 (Annex.3) passed by the Board of Secondary Education, Rajasthan may be given prospective effect not retrospective effect and the qualification acquired prior to 5th of July, 2011 may be treated valid for all purposes because the judgment of this Court reported in 2006(1) RLW page 827 - State of Rajasthan (The) & Ors. Vs. Firdos Tarannum had been implemented by the Board of Secondary School, Ajmerr vide order dated 5th of July, 2011.
After hearing learned counsel for the petitioner, I have perused the aforesaid judgment of Firods Tarannum (supra). In the aforesaid judgment, the following adjudication was made by the Division of this Court in para No.19, which reads as under:-
"(19). In that light of the matter, it is considered that the petitioner who has acquired Urdu qualifications issued by Zamiya Urdu, Aligarh, possesses a 2 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 purpose of employment in the State of Rajasthan."
Upon perusal of para 19 of aforesaid judgment, it is abundantly clear that expressly it is held by the Division Bench of this Court that Urdu qualification from acquired Zamiya Urdu, Aligarh is not a qualification awarded by an Institution which had a legal sanction behind it. In this view of the matter, there is no substance in the arguments advanced by learned counsel for the petitioner.
Therefore, while following the aforesaid judgment, this writ petition is hereby dismissed.
(GOPAL KRISHAN VYAS), J.
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