Rajasthan High Court - Jaipur
Babua And Anr vs State (Education Department)Ors on 5 September, 2012
Author: Arun Mishra
Bench: Arun Mishra
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
JUDGMENT
D.B. SPECIAL APPEAL(WRIT) NO.1014/2012
IN
S.B. CIVIL WRIT PETITION NO.14195/2011
BABUA & ANR. Vs. STATE OF RAJASTHAN & ORS.
DATE: 05.09.2012
HON'BLE THE CHIEF JUSTICE MR. ARUN MISHRA
HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-I
Ms. Naina Saraf with
Mr. Shrawan Kumar Gupta, for the appellants.
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By way of filing the intra-Court appeal, legality of the order dated 02.02.2012 passed by the Single Bench has been questioned. The Single Bench has relied upon the decision of Division Bench of this Court in the case of State of Rajasthan & Ors. Vs. Firdos Tarannum, 2006(1) RDD 467, in which decisions in the cases of Tayyab Hussain Vs. State of Rajasthan, (2003) 3 RLW 1886 and D.B. Civil Special Appeal No.258/2004-Altaf Bano Vs. State, decided on 04.06.2005, have been taken into consideration. It has been held by the Division Bench of this Court that Zamiya Urdu, Aligarh is not recognized institution. Accordingly, no cognizance can be taken of the certificates and degrees issued by such an institution. Reliance has also been placed upon the circular of Government of Rajasthan dated 29.08.1993, in which it has been mentioned that Zamiya Urdu, Aligarh is not a recognized institution under the law as it is neither University nor Board, thus recognition to the course cannot be given. The decision on merits is in accordance with law.
Apart from that, there is delay of 106 days in filing the appeal and no application under Section 5 of the Limitation Act has been filed, so as to condone the delay and on this ground alone, appeal is liable to be dismissed, however, we find no merits also in the appeal.
For the aforesaid reasons, the appeal is dismissed. Misc. Stay Application No.9790/2012 is also dismissed.
(NARENDRA KUMAR JAIN-I),J. (ARUN MISHRA),CJ.
/KKC/
Certificate:
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
KAMLESH KUMAR P.A.