Mohammad Istiaque Ansari vs State Of U.P.
2013 Latest Caselaw 5996 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Court No. - 11								A.F.R.
 
Case :- WRIT - A No. - 22797 of 1995
 
Petitioner :- Mohammad Istiaque Ansari
 
Respondent :- State Of U.P.
 
Counsel for Petitioner :- J.P. Mishra,Alok Misra,Irfan-U-Huda,Rizwan Ahmad,V.K. Goel
 
Counsel for Respondent :- C.S.C.,Atul Mehra
 

 
Hon'ble Sabhajeet Yadav,J.

Heard learned counsel for the petitioner and learned Standing counsel for respondents.

2. By this petition, the petitioner has challenged the order dated 24.6.1995 passed by Superintendent of Police, Padrauna, District Kushinagar whereby the petitioner's appointment on the post of Urdu Translator cum Junior Clerk has been cancelled in pursuance of radiogram dated 29.5.1995 purported to be issued in pursuance of direction given by High Court dated 26.5.1995, on the ground that the appointments of those Urdu Translator cum Junior Clerk should be cancelled who have not passed Intermediate examination from Uttar Pradesh Madhyamik Shiksha Parishad, Allahabad with Urdu as one of the subjects rather have passed Adibe A-Mahir examination from Jamia Urdu, Aligarh.

3. It is stated that the petitioner has applied for selection and appointment on the post of Urdu Translator cum Junior Clerk in pursuance of advertisement dated 28.9.1994, contained in Annexure-3 of the writ petition, thereafter he was duly selected by Selection Committee and appointed vide an order dated 6.5.1995 passed by Superintendent of Police, Padrauna. In pursuant thereof he joined his duty on 24.6.1995 as Urdu Translator Cum Junior Clerk, as contained in Annexure-4 of the writ petition. After joining his service on 24.6.1995 his appointment has been cancelled on the ground that he has merely passed Adibe A-Mahir examination conducted by Jamia Urdu, Aligarh and has not passed Intermediate examination from U.P. Madhyamik Shiksha Parishad Allahabad with Urdu as one of the subjects. Learned counsel for the petitioner has submitted that since the petitioner has fulfilled necessary educational/academic qualification for the post of Urdu Translator Cum Junior Clerk as prescribed in the advertisement inasmuch as in Uttar Pradesh Urdu Translator Cum Junior Clerk Service Rules, 1994, herein after referred to as 1994 Rules, under which passing of Adibe-A-Mahir examination conducted by Jamia Urdu Aligarh was prescribed as one of the alternative academic qualification for the said post, therefore, cancellation of his selection and appointment on the ground of lack of essential academic qualification for the said post is not sustainable in the eye of law. In my opinion, the submission of learned counsel for the petitioner have substance and deserves to be accepted.

4. Since the advertisement and 1994 Rules enclosed with the writ petition were not legible, therefore, it appears that this court has directed the writ petitioner to file legible copy of advertisement and service Rules in pursuance of which learned counsel for the petitioner has brought on record the copy of the said Rules and advertisement.

5. In the said advertisement the educational qualification for the post of Urdu Translator Cum Junior Clerk has been prescribed under which it was necessary that the candidates must have passed Intermediate examination from Madhyamik Shiksha Parishad, Uttar Pradesh, Allahabad with Urdu as one of the subjects or must possessed the equivalent qualification recognised by the Government or must have passed any higher examination with Urdu as one of the subjects recognised by Government of India. A note has also been appended in the said educational qualification which contains that the Government of Uttar Pradesh has recognised Adibe-A-Mahir examination conducted by Jamia Urdu Aligarh as equivalent to Intermediate examination and Adeeb-e-Kamil as equivalent to B.A. degree.

6. For ready reference the educational qualification prescribed in the said advertisement for the post of Urdu Translator Cum Junior Clerk in Hindi version is extracted as under:-

"foKkiu dk izk:i

tuin xksj[kiqj ds fofHkUu dk;kZy;ksa esa :0 950&20&1150&n-jks-&25&1500 esa mnwZ vuqoknd dfu"B fyfid ds 88 inksa ds fy, Hkkjrh; ukxfjdksa ls vkosnu i+= vkeaf=r fd;s tkrs gSaA

1& 'kSf{kd vgZrk,a%&

(,d) ek/;fed f'k{kk ifj"kn] m0 iz0 ls ,d fo"k; ds :i esa mnwZ ds lkFk b.VjehfM;V ijh{kk ;k ljdkj }kjk mlds led{k ekU;rk izkIr dksbZ ijh{kk] ;k

(nks) Hkkjr ljdkj }kjk ekU;rk izkIr dksbZ mPp ijh{kk ,d fo"k; ds :i esa mnwZ ds lkFk vo'; mRrh.kZ gksaA

uksV% mRrj izns'k ljdkj }kjk tkfe;k mnwZ vyhx<+ }kjk lapkfyr vnhc&,&ekfgj dks b.VjehfM,V rFkk vnhc&,&dkfey dks ch0,0 dh ekU;rk iznku dh xbZ gSA

2& vf/kekuh vgZrk,a %&

vU; ckrksa ds leku gksus ij HkrhZ ds ekeys esa ,sls vH;FkhZ dks vf/keku fn;k tk;sxk ftlus%&

(,d) izknsf'kd lsok esa U;wure nks o"kZ dh vof/k rd lsok dh gks] ;k

(nks) jk"Vªh; dSMsV dksj dk *ch* izek.k i= izkIr fd;k gksA

-----------------

(ij'kqjke izlkn)

ftyk csfld f'k{kk vf/kdkjh] nsofj;kA"

7. Besides this Rule-11 of 1994 Rules prescribes academic qualification for the post of Urdu Translator Cum Junior Clerk, which provides that a candidate for direct recruitment must have passed (i) The Intermediate examination with Urdu as one of the subjects of the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognized by the Government as equivalent thereto, or (ii) any higher examination recognized by the Government with Urdu as one of the subjects, besides other preferential qualifications prescribed in the advertisement.

8. For ready reference it would be useful to extract the Rule-11 of 1994 Rules as under:-

"Academic Qualifications:

11. A candidate for direct recruitment must have passed-

(i) the Intermediate examination with Urdu as one of the subjects of the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognized by the Government as equivalent thereto,

or

(ii) any higher examination recognized by the Government with Urdu as one of the subjects."

9. The aforesaid educational qualification prescribed in the said advertisement has also been made appendix to 1994 Rules as Annexure-2 of said Rules, therefore, the said educational qualification published in the advertisement was in accordance with said Rules. Besides Annexure-2 of the said Rules in Annexure-3 of the said Rules the equivalent qualification has been shown by the same Gazette Notification wherein Adibe-A-Mahir examination has been shown to be equivalent to the Intermediate examination vide Government Order dated 9th September, 1983 and Adeeb a Quamil examination has been shown equivalent to B.A. examination vide Notification dated 14th July, 1982.

10. Thus, Rule-11 of 1994 Rules and advertisement in question clearly established that in order to become legible for the post of Urdu Translator Cum Junior Clerk a candidate for direct recruitment must have passed either (i) the Intermediate examination with Urdu as one of the subjects from the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognized by the Government as equivalent thereto, or (ii) any higher examination recognized by the Government with Urdu as one of the subjects. Since Adibe-A-Mahir examination conducted by Jamia Urdu, Aligarh has been recognised by the Government of Uttar Pradesh as equivalent to the Intermediate class as revealed from the note appended to the academic qualification for the post in question shown in the advertisement and also from the Appendix-II of 1994 Rules and Appendix-III of said Rules also reveals that vide Government order dated 9th September 1983 the Government of U.P. has recognised Adibe-A-Mahir qualification as equivalent to Intermediate class and the petitioner has passed Adibe-A-Mahir examination conducted by Jamia Urdu Aligarh and there is nothing on record to show that prior to the said advertisement aforesaid Rules of recruitment has been changed and recognition of Adibe-A-Mahir examination conducted by the Jamia Urdu Aligarh as equivalent to Intermediate examination conducted by U.P. Board of Secondary Education has been withdrawn by the Government of U.P., therefore, in wake of these facts and circumstances of the case, there can be no scope for doubt to hold that the Adibe-A-Mahir from Jamia Urdu Aligarh academic qualification possessed by the petitioner was recognised by the Government of U.P. as equivalent to the Intermediate examination conducted by U.P. Secondary Education Board and said academic qualification has been prescribed in the advertisement as alternative academic qualification for the post in question, thus, in my opinion, it can not be held at all that the petitioner did not possess education/academic qualification prescribed for the said post at the time of his recruitment for the said post. Therefore, in my view cancellation of selection and appointment of the petitioner on the ground of lack of academic qualification can not be sustained.

11. In a similar controversy for appointment on the post of Pharmacist (Unani) under Central Government Health Scheme in case of Syeed Ahmad Vs. Secretary, Ministry of Health & Family Welfare and others reported in (1997) 11 S.C.C. 529 the Apex Court has held that Adibe-A-Mahir examination conducted by Jamia Urdu Aligarh for the purpose of employment in Central Government has been recognised as equivalent to Intermediate standard. A Coordinate Bench of this Court also in the case of Saleem Ahamed Vs. State of U.P. in Writ Petition No. 1577 of 1996 decided on 5.7.2007 has held that Adibe-A-Mahir examination conducted by Jamia Urdu Aligarh is equivalent to the Intermediate examination conducted by U.P. Secondary Education Board, as such, in my opinion, the impugned order dated 24.6.1995 passed by Superintendent of Police Padrauna is contrary to the law and the view taken by me, therefore, can not be sustained. Accordingly, the same is hereby quashed.

12. Since the petitioner has been deprived for discharging his duties on account of wrongful acts of respondents, therefore, principle of no pay for no work will not be made applicable in the case of petitioner but having regard to the totality of facts and circumstances of the case, in my opinion, it would be appropriate to direct the respondents concerned to make payment of 50% salary as back wages to the petitioner from the date of termination of services of petitioner till the date. Thereafter the petitioner shall be entitled for full salary till his actual reinstatement in service.

13. The respondents are directed to reinstate the petitioner in service with continuity of service alongwith other consequential benefits of service like seniority and grant of regular increments etc. within a period of one month from today. The arrears of salary shall be paid to the petitioner within a period of three months from the date of production of certified copy of the order passed by this court before the authority concerned.

14. With the aforesaid observations and directions, writ petition succeeds and is allowed.

Order Date :- 23.9.2013

LJ/-