Rajasthan High Court - Jodhpur
Sunita Singh & Ors vs Board Of Secondary Education & Anr on 22 September, 2011
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
:ORDER:
Sunita Singh & Others
Vs.
Board of Secondary Education, Rajasthan,
Ajmer & Another
(S.B. Civil Writ Petition No.8864/2011)
Date of Order September 22, 2011
PRESENT
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr. H.S. Sidhu for the petitioners.
BY THE COURT :
In this writ petition, the petitioners are claiming direction to treat the Adeeb examination acquired by the petitioners from the institution of Jamia Urdu Aligarh in the year 2010 to be admitted them in the eleventh class. Further, it is prayed that respondents may be directed to issue eligibility certificate to the petitioners to pursue studies in 11th class.
Learned counsel for the petitioners submits that vide Annex.-3 Board of Secondary Education, Rajasthan, Ajmer gave information by publication that 2 candidates who pass any examination from Jamia Urdu Aligarh institution has been re-recognized by the Board, therefore, eligibility certificate cannot be issued to the candidates who pass the examination from the said institution. Contention of learned counsel for the petitioners is that notification/intimation has been issued on 22.06.2011, therefore, in view of the fact that the petitioners were admitted in the course prior to the said date and certificate was issued in favour of similarly situated persons, therefore, the petitioners are also entitled for consideration for treating their qualification as valid and respondents are required to issue eligibility certificate to them for pursuing studies in 11th Class.
In support of his contention, learned counsel for the petitioners invited my attention towards judgment of the Supreme Court in the case of Suresh Pal & Others Vs. State of Haryana & Others, (1987) 2 SCC 445, in which, it is held that if any qualification is de- recognized during prosecuting the studies in the course, then, the de-recognition shall not affect the right of such candidates who are studying in the 3 course, therefore, direction prayed for may be granted in favour of the petitioners.
After hearing learned counsel for the petitioners, I have perused the publication Annex.-P/3 issued by the Board of Secondary Education, Rajasthan, Ajmer, in which, it is observed that in view of the judgment rendered by the Division Bench of this Court in D.B. Civil Appeal No.534/2005, decided on 21.01.2006, the recognition of the qualification acquired from Jamia Urdu Aligarh is cancelled.
I have perused the aforesaid judgment of the Division Bench of this Court in the case of State of Rajasthan & Others Vs. Firdos Tarannum, D.B. Civil Special Appeal No.534/2005, reported in 2006 (2) CDR 1368 (Raj.) (DB), in which, following adjudication has been made in para 20 and 21 :
"20. In the light of the matter, it is considered that the petitioner who has acquired Urdu qualifications issued by Zamiya Urdu, Aligarh, possesses a qualification which is not a qualification awarded by an Institution whicfh 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, 4 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 recognized 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 this view of the matter when the judgment was delivered in 2006, in which, it has been held that the petitioners who acquired Urdu qualification issued by the Zamiya Urdu, Aligarh possess qualification which is not awarded by an institution which has a legal sanction behind it. Therefore, while following the aforesaid judgment of the Division Bench, I see no reason to interfere in this writ petition because the principle laid down in Suresh Pal's case (supra) is not applicable in this case inasmuch as the institution Jamiya Urdu Aligarh itself is declared an institution not established either under the orders of the Central Government or State Government or UGC.
Hence, this writ petition is hereby dismissed.
(Gopal Krishan Vyas) J.