Rajasthan High Court - Jaipur
State Of Rajasthan (The) And Ors. vs Firdos Tarannum on 20 January, 2006
Equivalent citations: RLW2006(1)RAJ827, 2006(2)WLC596
Author: Bhagwati Prasad
Bench: Bhagwati Prasad
JUDGMENT Bhagwati Prasad, J.
1. The present special appeal is filed against the order of the learned Single Judge in S.B. Civil Writ Petition No. 1379/2004. The judgment of the learned Single Judge was rendered in the circumstances wherein the Director, Primary Education, Rajasthan had advertised certain posts in which a number of Urdu Teaching Teachers were to be recruited. The qualifications prescribed for the selections were as under:-
;ksX;rk,a 1 Hkk"kk vYila[;d fo"k; gsrq f'k{kd izf'k{k.k] vtesj ;k ftyk f'k{kk ,oa izf'k{k.k laLFkku Vksad ls mnwZ fo"k;
esa f}o"khZ; lsok iwoZ izf'k{k.k ,lVhlh izkIr fd;k gqvk gksA 2 lSds.Mjh@gk;j lSds.Mjh@lhuh;j lSds.Mjh esa mnwZ oSdfYid fo"k; ls rFkk jktLFkku ljdkj }kjk ekU;rk izkIr ek/;fed f'k{kk cksMZ dk lhuh;j lSds.Mjh izek.ki= vkSj jktLFkku jkT; }kjk ekU;rk izkIr fo"k;ksa ds lkFk lSds.Mjh ;k led{k ijh{kk ftlesa rhu fo"k; xf.kr] vaxzsth o fgUnh gksuh pkfg,A jktLFkku ljdkj }kjk ekU;rk izkIr v/;kid izf'k{k.k izkIr izek.ki= ,lVhlh 3& mi;qZDr ds vfrfjDr fuEufyf[kr vH;FkhZ Hkh mnwZ fo"k; v/;kid in ij HkrhZ ds fy, ik= gksaxs& 1 ftUgksaus v/;kid r`rh; J`a[yk ds in ij fu;qfDr gsrq jktLFkku f'k{kk@v/khuLFk lsok fu;e esa jkT; ljdkj }kjk fnukad 25-8-95 v/;kid in dh ;ksX;rk esa fd, x, la'kks/ku ls iwoZ ,lVhLh mnwZ fo"k; esa mRrh.kZ dj yh gks ,oa ,lVhLh ijh{kk mRrh.kZ dj yh gksA 2 ftUgksaus l= 1994&95 rd fcUnq la[;k 31 dh ;ksX;rk ds vuqlkj ,lVhLh ijh{kk esa izos'k izkIr dj fy;k gks rRi'pkr~ ijh{kk mRrh.kZ dh gksA 4 fo/kok@ifjR;Drk efgyk,a ftUgksaus fcUnq la[;k 1 vFkok 2 ds vuqlkj mnwZ fo"k; lfgr ;ksX;rk,a vftZr dh gks rFkk vizf'kf{kr gksus dh fLFkfr esa izf'k{k.k gsrq ,ulhVhbZ }kjk fu/kkZfjr vgZrk vftZr dh gksA
2. The petitioners before the writ court contended that the qualifications acquired by them have been recognized by the State of Rajasthan vide its order dated 03rd of February 1965:
GOVERNMENT OF RAJASTHAN (General Administration (B) Department) No. F.2(l 7)GA(B) Department Dated Jaipur, the 21st Jan., 65 3rd Feb., 65.
ORDER Sub- Recognition of different Urdu Examinations conducted by Zamiya Urdu, Aligarh.
The 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 High School
Adib Mahir Intermediate
Adib Kamil B.A.
Sd/- A.L. Roongta
(A.L. Roongta)
Deputy Secretary to the Government.
Copy forwarded to
1 to 7 and 1 to 3.
3. Since the State of Rajasthan had recognized the qualifications possessed by the petitioner, therefore, the petitioner contended before the writ court that he was eligible to be appointed. The Department has not considered the case of the petitioner and, therefore, the writ was preferred.
4. The State Government ignored to file reply in the writ petition. The matter was disposed of by the learned Single Judge at the admission stage. The learned Single Judge noticed that a Division Bench of this Court, in the matter of DB Civil Special Appeal No. 258/2004 (Miss Altaf Bano v. State of Rajasthan) has considered the qualifications of the similarly situated persons as valid. On the basis of the letter of the State Government dated 03rd February, 1965 qualifications of the petitioner were considered, to be valid and, therefore, directed the State Government to consider the case of the incumbent as he was possessed of the qualification required by the Education Department. In view of the judgment of the Division Bench of this Court inn Miss altaf Bani's case (supra), the learned Single Judge was of the opinion that the writ petition deserves to be allowed. The learned Single Judge also noticed a decision of this Court in the matter of Tayyab Hussain v. State of Rajasthan (D.B. Civil Review Petition No. 22/2002), wherein a Division Bench of this Court, considering the review petition, came to the conclusion that for the appointment of Teacher Grade-Ill, the qualifications of Urdu as granted by Zamiya Urdu, Aligarh as Adib Mahir and Adib Kamil are sufficient qualifications. While holding so, the Division Bench held:
We may also notice that it was not the case of the respondents at any time that recruitment for the post of Teacher Grade III Adib, Adib Mahir Adib Kamil are not recognized qualification for the purpose of recruitment.
5. The appellant State of Rajasthan, assailing the judgment of the learned Single Judge, contended that since the writ petition was decided at the admission stage, therefore, no reply could be filed and the case of the State Government was not placed before the learned Single Judge in the right perspective. The learned Addl. Advocate General has filed an application under Order 41 Rule 27 read with Section 151 C.P.C., along with two orders of State Government contending that the qualifications possessed by the petitioner are the qualifications acquired from Zamiya Urdu, Aligarh. Such qualifications have been held to be not recognised vide State Government order dated 24th of April, 1993:-
jktLFkku ljdkj f'k{kk xzqi&3 foHkkx dzekad ,Q-7@15f'k{kk&3@85 t;iqj] fnukad 24 vizsy- 93 funs'kd] izkFkfed ,oa ek/;fed f'k{kk] jktLFkku] chdkusjA fo"k; tkfe;k mnwZ vyhx<+ }kjk iznRr eqvfYye&,&, mnwZ dks ch0,M0 ds le{k ekU;rk fn;s tkus ckcr~A egksn;] mijksDr lUnfHkZr fo"k;kUrxZr funsZ'kkuqlkj bl foHkkx ds i= dzekad ,Q-718 f'k{kk&3@80 fnukad 23-11-91 dh izfr layXu dj ys[k gS fd ;g laLFkk fof/k }kjk xfBr fo'ofo|k;y@cksMZ ugha gSA vr eqvfYye&,&mnwZ dks ch0,M0 ds le{k ekU;rk iznku ugha dh tk ldrhA layXu mijksDrkuqlkjA Hkonh;
g0 ds0lh0Mh0 ekFkqj mi'kklu lfpo
6. The learned counsel appearing for the State Government further urged that the State of Rajasthan has issued a letter on 23.11.1991 in which it has been specified inter alia:-
x`g ea=ky;] Hkkjr ljdkj ds i= la[;k 216@4@52&lh,l fnukad 30-9-1952 tks ckn esa muds i= dzekad 6@7@62&laLFkk&Mh fnukad 4-7-1952 }kjk la'kksf/kr fd;k x;k Fkk] ds varxZr Hkkjr ljdkj us ;g Li"V vkns'k fn;k x;k gS fd mu leLr fo'ofo|ky;ksa dks] tks fd dsUnzh; ;k jkT; ljdkj ds vf/kfu;e ds }kjk LFkkfir fd;s x;s gSa ;k fo'ofo|ky; vuqnku vk;ksx ,DV dh /kkjk 31956 fd }kjk Hkkjr ljdkj }kjk fo'ofo|k;y lrj ds laLFkku ?kksf"kr fd;s x;s gSa] muds }kjk iznRr mikf/k;ksa fu;fer :i ls fu;kstu ds n`f"Vdks.k ls ekU; gksaxhA bl izdkj vc fo'ofo|ky; ;k fo'ofo|ky; Lrj dh laLFkkvksa }kjk iznRr mikf/k;ksa fMxzh@fMIyksek dh ekU;rk ds fy, jkT; ljdkj }kjk vyx ls dksbZ vkns'k izlkfjr dju dh vko';drk ugha gSA
6. The learned Counsel contended that in view of the orders of the State of Rajasthan, any qualification which is not acquired from an Institution which is established under the orders of he Central Government, State Government or by the sanction of the University Grants Commission, such qualifications would not be valid qualifications for the purposes of employment. Zamiya Urdu, Aligarh is not an Institution as established by and under the orders of the Central Government, State Government or University Grants Commission. Therefore, for the purpose of employment these qualifications cannot be considered to be one which is valid.
7. The learned Counsel for the State further asserted that Zamiya Urdu, Aligarh is a private Institution. So called recognition granted to it by a letter of the State Government which was issued in the year 1965 establishes equivalence with the qualifications of High School, Intermediate and B.A. Today, neither there is any High School Examination nor Intermediate Examination available, as held by the Board of Secondary Education. The examinations are Secondary and Higher Secondary and B.A. as mentioned 1965 order, was a Four Year course with Intermediate which is now a Three Year Degree Course. Thus, the order of the Government of Rajasthan as relied on by the petitioner is an antiquated piece of evidence. In fact after the orders of the Central Government, which was amended in the year 1965, 1962, order also loses significance. Because this is an order which clearly envisages that only those qualifications can be recognised for the purposes of employment which are established either under the orders of the Central Government, State Government or University Grants Commission.
8. The Zamiya Urdu, Aligarh, being an Institution not established by either of these authoritative Institutions, the degree cannot be recognized. This aspect was made more clear by the orders of the State Government dated 24th April 1993 which has been produced by he State Government which recites that Zamiya Urdu Aligarh is not an Institution established by the sanction of law, therefore, the Degree or Certificate granted by this Institution is of no consequence for the purpose of employment.
9. The learned Addl. Advocate General further asserted that in the judgment of review in Tayyab Hussain's case (supra), the Court has proceeded on the premise wherein it was not brought to the notice of the Court that the certificate as granted by the Zamiya Urdu, Aligarh are not the recognized qualifications in view of the State Government orders dated 23.11.1991 and 24.4.1993. Thus, it cannot be considered that the judgment delivered in the case of Tayyab Hussain (supra), in review, will be able to govern the facts of this case because that judgment has been passed by the court without correct facts being brought before it.
10. Similarly, the learned Addl. Advocate General, asserted that the judgment of a Division Bench of this Court in Miss Altaf Bano (supra) also have not been delivered after considering the two aforesaid letters. It only proceeds after noticing the order dated 03rd February, 1965, which has lost its force after the orders of the State Government as issued on 23.11.1991 and 24.4.1993. Therefore, the law laid down in these cases cannot be held to be law governing the controversy involved.
11. The learned Addl. Advocate General then brought to the notice of the Court a Division Bench judgment of this Court in the matter of Jalaudin Silawat v. State of Rajasthan and Ors. (D.B. Civil Special Appeal (W) No. 522/19.9) wherein this Court had expressed doubts about the genuineness of the Notification of 03rd February 1965. Its original was not produced, a copy was filed on a letter head of Jamia Urdu, Aligarh. This Court further held that even if for the sake of argument this Notification is assumed to be correct that the circular issued by the State Government vide its letters dated 23.11.1991 and 24.4.1993 the position was clearly explained and it was held that Zamiya Urdu, Aligarh cannot be considered to be a recognized Institution. It could not confer a qualification which can be recognised for the purposes of employment. It was contended that the Division Bench decisions referred to hereinabove wherein the qualifications acquired from Zamiya Urdu. Aligarh has been considered to be sufficient qualification, has proceeded on wrong assumptions and, therefore, cannot be considered to be a law governing the field.
12. Similarly, some single Bench decisions have also been brought to notice but they also proceed on the basis of the aforesaid Division Bench decisions, therefore, will not be of any consequence as they also proceed on the assumptions of incorrect facts.
13. The learned Counsel for the respondent writ petition, per contra, stated that in view of the orders of this Court in Tayyab Hussain (supra) and Miss Altaf Bano (supra), the law has been clearly stated by the Division Bench of this Court that the qualifications acquired after taking examinations of Zamiya Urdu, Aligarh, are the valid qualifications. On- the basis of these qualifications many teachers have already been appointed by the State of Rajasthan and if the petitioner-respondent is not appointed then it will be discrimination and would be violative of Article 14 of the Constitution of India.
14. By the State Government, what is sought to be done before this Court now, could have been done before the Court earlier. These Notifications could be brought to the notice of the Court when the earlier two Division Bench decisions were rendered. In any case, they should have been brought to the notice of the learned Single Judge, while the writ petition was decided. But the State Government Officers, even after service of notice had not chosen to file reply before the learned single Judge and thus the State is acting in a fashion which shows that it is not certain of its position and it is taking wavering stand. At a relevant point of time it fails to bring in its best case as it considers fit and permits the court to proceed even in review petition to hold against it. It subsequently contends that the law laid down is not correct. This kind of fluid position shows that the consumers of justice have to suffer on account of the action/inaction of the State Government.
15. We have considered the rival submissions and have given our thoughtful consideration.
16. Zamiya Urdu, Aligarh is an Institution which is allegedly parting Urdu Education, The respondent-petitioners have not shown us any sanction of law which had authorised this Institution to function as an Institution teaching Urdu and issuing Certificates and Degrees. The recognition of a Certificate or Degree being a valid qualification for an appointment is that the Institution issuing it should have legal sanction behind it. It may be either under the orders of the Central Government, State Government or the University Grants Commission. None of these three authorities have issued any sanction in favour of the Zamiya Urdu, Aligarh. Had it been there, the learned Counsel for the petitioner- respondent would have placed it before this Court.
17. The best case of the petitioner-respondent before us is that the qualification was recognized by the State Government to be equivalent as shown in the letter dated 03rd February, 1965, quoted in the writ petition. Firstly a Division Bench of this Court has not given credence to this Notification because the original Notification had not been placed either before us or before the Division Bench deciding the case of Jalaudin silawat (supra). In any case, the qualification enumerated in that Notification are antiquated qualifications because now the qualification has undergone a sea change. It cannot be read to be equivalent to the present day qualifications. The State of Rajasthan had issued letters dated 24.4.1993 making it explicit that only those qualifications which are issued by the Institutions, which are the creation of law, can alone be recognised. Apart from this in the Notification dated 24.4.1993 it has been made clear that Zamiya Urdu, Aligarh is not an Institution established by law. Thus, the State of Rajasthan in its Notification dated 23.11.1991 had made it more than obvious that any qualification acquired by taking up an examination held by Zamiya Urdu, Aligarh would not be a qualification which would be available for seeking to be appointed.
18. In this back ground, the law laid down in the case of Tayyab Hussain (supra) is clearly distinguishable because while the case was decided it was not brought to the notice of the Division Bench that the Certificates as issued by the Zamiya Urdu, Aligarh are not recognized by the State of Rajasthan, atleast after 1991, and the decision in Miss Altaf Bano (supra) is also distinguishable because while that judgment was rendered, the State Government Notification of 23.11.1991 and 24.4.1993 were not brought to the notice of the Court. Therefore, these two cases and certain Single Bench decisions rendered in the light of these decisions, will not lay down a correct proposition of law.
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 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.
20. In view of the aforesaid discussion, 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 Institution which are not established under the law are not recognized for the purposes of appointment. In that view of the matter, the judgment of he learned Single Judge deserves to be set aside. The writ petition consequently, is also dismissed.