Sarita Choudhary And Ors vs Principal Secretary Edu Ors on 26 September, 2011

[Cites 5, Cited by 54]

Rajasthan High Court - Jaipur

Sarita Choudhary And Ors vs Principal Secretary Edu Ors on 26 September, 2011

Bench: Alok Sharma

    

 
 
 

 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT 
JAIPUR BENCH JAIPUR
O R D E R 

(1) Sharita Choudhary	          V/s     Principal Secretary, Education
      and 7 others   			   Department and others 
(S.B. Civil Writ Petition No. 13585/2011)

(2) Mohammad Akram 	  V/s     State of Rajasthan and 
      353 others 	                             others 			            
        		(S.B. Civil Writ Petition No. 13196/2011)

(3) Ashiq Ali & 18 0thers 	   V/s.    State of Rajasthan and 				 			     another
        		(S.B. Civil Writ Petition No. 12382/2011)

(4) Vinod Sharma and  	    V/s     State of Rajasthan and 	                      	12 others 			              another
        		(S.B. Civil Writ Petition No. 12171/2011)

(5) Ramesh Chaudhary	    V/s      State of Rajasthan and 
     and 14 others  	  	               another
        		(S.B. Civil Writ Petition No. 12170/2011)

(6) Teekam Singh Shekhawat   V/s       State of Rajasthan and 
      and 20 others 		                others 
		(S.B. Civil Writ Petition No13343/2011)

(7) Pappu Lal Meena and          V/s      State of Rajasthan and 
      31 others  			               another 
		(S.B. Civil Writ Petition No13259/2011)

(8)Ratan Lal Meena and 	   V/s       State of Rajasthan and
     14 others                                      another
                  (S.B. Civil Writ Petition No. 13230/2011)

(9) Rajanti Bai 			  V/s	     State of Rajasthan and 							     another 
(S.B. Civil Writ Petition No. 13220/2011)

(10)	Sumitra & 11 others 	   V/s     State of Rajasthan and 					                      another 
		   (S.B. Civil Writ Petition No. 13219/2011)

(11)	Ram Naresh & 3 others	V/s	State of Rajasthan and 							 another  
		(S.B. Civil Writ Petition No. 13210/2011)

(12) Saloni Singh and 124 others     Vs.   State of Rajasthan and 
                                  another 
		(S.B. Civil Writ Petition No. 12853/2011)
(13) Reema Kumar Meena and	V/s 	State of Rajasthan 
       4 others 					and another 
		(S.B. Civil Writ Petition No. 13647/2011)
						
Date of order:					      September 26, 2011
					PRESENT

HON'BLE MR. JUSTICE ALOK SHARMA 

Mr. Sita Ram Samota  		}
Mr. D.N. Sharma			}
Mr. Liyakat Ali			}
Mr. Virendra Godara		}
Mr. Raghunandan Sharma 	} for the petitioners
Mr. Rakesh Paliwal		}
Mr. Mahendra Sharma		}
Mr. Virender Manjhu		}
Mr. Girish Khandelwal		}
Mr.Somender Singh		}
Mr. Kamal KantVyas 		}
Mr. Vinod Kumar Gupta for the Board of Secondary Education
				      =====
BY THE COURT;

Since the point in issue to be considered by this Court in all the above numbed petition is similar, they are being disposed of by a common order. The petitioners have filed these writ petitions under Article 226 of the Constitution of India, seeking directions to the Board of Secondary Education Rajasthan, Ajmer to issue Eligibility Certificate treating `Adeeb' examination from Jamia Urdu, Aligarh taken by the petitioners as equivalent to Class -X of Board of Secondary Education Rajasthan. I have heard learned counsel for the petitioners and the respondent, Board of Secondary Education Rajasthan and perused the writ petition. Counsel for the petitioners submit that the respondents had earlier recognized the `Adeeb' examination of Jamia Urdu, Aligarh as equivalent to Class-X examination of the Board of Secondary Education. It is submitted that the petitioners passed `Adeeb' examination in the year 2010 from Jamia Urdu, Aligarh. It is submitted that various other students who had passed the `Adeeb' examination were granted Eligibility Certificates by the Board of Secondary Education treating the said examination as equivalent to Class X in the Schools affiliated to the Board of Secondary Education Rajasthan. Counsel submit that before the petitioners could obtain equivalent certificate/Eligibility Cerificates from the Board of Secondary Education on the basis of having passed `Adeeb' examination from Jamia Urdu, Alighar in the year 2010 or prior thereto, they came to know from an Advertisement/notification published in the News-paper on 12th July, 2011 that on the recommendations of the Committee constituted by the Chairman of the Board, recognition of `Adeeb' Examination by Jamia Urdu, Algari had been cancelled, effective 22nd June, 2011 and consequently, no Eligibility Certificates was being issued even to the candidates who passed the examination of Adeeb from Jamia Urdu, Aligarh prior thereto. The case of the petitioners is that they passed `Adeeb' Examination in 2010 before the cut off date of 22nd June, 2011 i.e. prior to de-recognition of Adeeb Examination from Jamia Urdu, Aligarh. It is submitted that the petitioners approached the Board of Secondary Education from time to time and even served notices for demand of justice for issue of requisite Eligibility Certificate by the Board of Secondary Education as they had passed the said examination in the year 2010. It is submitted that the representations to the Board have gone abegging and the eligibility certificates are not being issued to the petitoners, jeopardizing their future educational prospects . Counsel further submit that the respondent Board has already issued Eligibility Certifcates to a number of other students who also had passed Adeeb Examination from Jamia Urdu, Aligarh in the year 2010. The argument is that non issue of Eligibility Certificates to the petitioners as in the case of other similarly situated persons constitutes invidious discrimination in contravention of Article 14 of the Constitution of India. The petitioners, in these circumstances, pray that the Board of Secondary Education Rajasthan be directed to issue Eligibility Certificates to the petitioners. Per contra, Mr. Vinod Kumar Gupta, counsel for the petitioner submits that cancellation of recognition granted to Adeeb Examination conducted by Jamia Urdu, Aligarh is based on the recommendations of a Committee constituted by the Board of Secondary Education Rajasthan, which has thoroughly inquired into the matter and concluded that Jamia Urdu, Aligarh and its `Adeeb' Examination were the acts of fraud without any rigors of proper procedure for admissions, record of students, regular classes and even examinations held under requisite conditions. It is submitted that it transpires that Jamia Urdu, Aligarh institution had not been recognized by any Board except the Board of Secondary Education, Rajasthan which had recognized `Adeeb' and `Adeeb Mahir' examination conducted by Jamia Urdu Aligarh from 2002. It is stated that when inquiry was made by the Committee constituted by the Chairman Board of Secondary Education, the Jamia Urdu, Aligarh Institution has not been able to give out any details with regard to the number of students, examination centers and such other essential informations, leading to suspicion with regard to the manner in which certificates by Jamia Urdu Aligarh have been issued. Consequently, the recognition was cancelled effective 22.6.2011. It is submitted that even petitioners claiming to have written and passed the `Adeeb' exam before 22.6.2011, the Board has a right to verify the said certificates before consideration and grant of `Eligibility Certificate' for equivalence with the Secondary Examination of the Board. I have considered the matter and also perused the order dated 8.8.2011 passed by this Court in S.B. Civil Writ Petition No. 10117/2011 Habibur Rehman and others Vs. State of Rajasthan and Another, as also the order dated 2.9.2011 passed by this Court in SB Civil Writ Petition No. 11755/2011, Sandeep Pareek and others Vs. State of Rajasthan and another. It is not in dispute that the recognition of `Adeeb' examination conducted by Jamia Urdu, Aligarh has been withdrawn from 22.6.2011. It does not however, entail an automatic recognition and acceptance of any certificate purportedly issued by Jamia Urdu, Aligarh prior to 22.6.2011. It is for the Board, when an application is made for grant of Eligibility certificate, to verify the authenticity of the certificate of `Adeeb' examination issued by Jamia Urdu, Aligarh and only on satisfaction that the said certificate has been issued by Jamia Urdu, Aligarh prior to 22.6.2011 bona fide and on the basis of the admission of the candidates and examination conducted, only then the Board of Secondary Education is under an obligation to issue an eligibility certification. In my considered opinion, the question of discrimination agitated by the petitioner cannot be of relevance in the present petitions. Each case in which eligibility certificate is sought from the Board, on the basis of `Adeeb' examination conducted by Jamia Urdu, Aligarh prior to 22.6.2011, has to be examined by the Board and only thereupon following its satisfaction as to the authenticity of the certificate, the Board is under an obligation to issue the eligibility certificate to the students. Consequently, considering all the facts and circumstances of the cases at hand, I am of the considered view that the ends of justice would be met in case the respondents are directed to consider and decide the cases of the petitioners with regard to issue of eligibility certificates on the basis of `Adeed' examination conducted by Jamia Urdu, Aligarh prior to 22.6.2011 within a period of one month from the date of receipt of certified copy of this order, accompanied by an appropriate representation made by the petitioner concerned. All these petitions stand disposed of in the manner indicated above.

The stay applications stand dismissed.

(Alok Sharma ), J.

thanvi/ S.B. Civil Writ Petition No. 13196/2011 Mohammad Akram and others V/s State of Rajasthan and others Date of order: September 26, 2011 HON'BLE MR. JUSTICE ALOK SHARMA Mr. D.N. Sharma for the petitioners Mr. Vinod Kumar Gupta for the Board of Secondary Education ===== The writ petition and stay application both stand disposed of.