Allahabad High Court
Smt Renu vs State Of Up And 3 Others on 6 January, 2025
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:2274 Court No. - 32 Case :- WRIT - C No. - 20104 of 2024 Petitioner :- Smt Renu Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Raza Abbas,Vinay Kumar Singh Counsel for Respondent :- Adarsh Bhushan,C.S.C. Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Adarsh Bhushan, learned counsel for the respondent No.2.
2. The petitioner by means of the present writ petition has prayed for following reliefs:-
"(i). Issue a direction or order or writ in the nature of certiorari call for the record and quash the impugned order dated 03.05.2024 issued by the Secretary, U.P. State Medical Faculty, Lucknow by which the petitioner has been restrained from appearing in the final examination for the course namely Auxiliary Nurse & Midwife/H.W. (Female) (New Syllabus) for session 2023-2024.
(ii). Issue a direction or order or writ in the nature of mandamus directing the respondents to issue the examination admit card to the petitioner and allow her to continue in the Auxiliary Nurse & Midwife/H.W. (Female) course on the basis of the qualification of Adeeb-e-Mahir acquired by her from Jamia Urdu, Aligarh and treat the qualification of the petitioner as equivalent to the Intermediate class of the U.P. Board of Secondary Education.
(iii). Issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.
(iv). Award the cost of petition to the petitioner."
3. It appears that the petitioner has passed Adeeb-e-Mahir from Jamia Urdu Aligarh in the examination held in the year 2018. The petitioner thereafter applied for being considered for appointment on the post of Auxiliary Nurse & Midwife (A.N.M.)/H.W. (female) pursuant to the notification dated 13.05.2022. The qualification for the said post is Intermediate or any examination passed by a candidate equivalent to Intermediate.
4. The petitioner claims that her qualification is Intermediate inasmuch as the certificate of the petitioner for the courseAdeeb-e-Mahir is equivalent to Intermediate and therefore, the petitioner is eligible to appear in the examination for the post of Auxiliary Nurse & Midwife (A.N.M.)/H.W. (female) but the respondents have acted illegally in not permitting the petitioner to appear in the examination.
5. Learned counsel for the petitioner has submitted that it is evident from a list published by the Council of Boards of School Education in India that the Jamia Urdu Aligarh is enrolled as a member and the U.P. Board of High School and Intermediate is also enrolled as a member and therefore, the Jamia Urdu Aligarh is a recognized institute and the certificate of Adeeb-e-Mahir issued by Jamia Urdu Aligarh is equivalent to Intermediate.
6. Per contra, learned counsel for the respondents would contend that those who have obtained the certificate of Adeeb-e-Mahir prior to the year 1997 has been given the benefit of Intermediate in view of the Government Order dated 17.08.2013 but those who have obtained the certificate of Adeeb-e-Mahir subsequent to the year 1997 are not eligible to such benefit.
7. In view of absence of any challenge to the said Government Order enclosed with the supplementary counter affidavit, the petitioner cannot be treated to have passed the Intermediate examination on the basis of the certificate of Adeeb-e-Mahir issued by Jamia Urdu Aligarh.
8. After perusing theGovernment Order enclosed alongwith the supplementary counter affidavit, this Court has enquired whether the petitioner desires to file any rejoinder affidavit to the supplementary counter affidavit. However, learned counsel for the petitioner states that he does not propose to file any rejoinder affidavit to the supplementary counter affidavit dated 17.11.2024 enclosing therewith the Government Order. In such view of the fact, the averments contained in the supplementary counter affidavit dated 17.11.2024 are treated to be correct.
9. Since the Government Order dated 17.08.2013 categorically provides that the benefit of Adeeb-e-Mahir treating the same to be equivalent to Intermediate is given to those who have obtained Adeeb-e-Mahir prior to 11.08.1997, therefore, the certificate of the petitioner of the course Adeeb-e-Mahir cannot be treated equivalent to the Intermediate.
10. Consequently, the writ petition lacks merit and is dismissed.
Order Date :- 6.1.2025 SS