Ravi Sharma S/O Shri Narendra ... vs State Of Rajasthan
2022 Latest Caselaw 2338 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 4427/2022

Ravi Sharma S/o Shri Narendra Mohan Sharma
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan
                                                                ----Respondent

For Petitioner(s) : Mr. Anurag Sharma.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

15/03/2022

Counsel for the petitioner submits that the issue involved in

this writ petition has been considered & decided by the Division

Bench of this court at Principal seat Jodhpur in the matter of 'The

State of Rajasthan & Ors. Vs. Miss. Firdos Tarannum & Ors.

(D.B. Special Appeal Writ No.534/2005) decided on

12.01.2022, wherein the following order was passed:-

"Reference has also been made to the office order dated 05.07.2011 issued by the secondary education board in which it is recorded that the question of recognizing the course offered by the Jamia Urdu Aligarh have been considered in the board meeting dated 19.05.2011. The institution was also given opportunity of hearing. Decision of this Court in the case of Firdos Tarannum (the present case in which at that time the Division Bench judgment held field) was also examined. The Government communication dated 24.04.1993 was also taken into consideration. Eventually, it was decided not to recognize the courses offered by the said institution and the earlier recognization was withdrawn. Even this development can have no impact in the present proceedings. The de-

(2 of 2) [CW-4427/2022]

recognization from the secondary school board to the courses offered by the said institution came about in the year 2011. The same can have no adverse impact on the students who already pursued the courses and obtained certificates of completion of the courses earlier. These certificates were first recognized and considered equivalent to the relevant qualifications by the State Government since the year 1965 which continued without any further change thereafter except for the said two clarifications issued in the year 1991 and 1993. The secondary school board also had granted specific recognition to these courses in the year 2002, it was recalled only in the year 2011 which can have only prospective effect."

Counsel for the petitioner submits that the petitioner has

acquired qualification of 'Adeeb-E-Mahir' in the year 2010 and the

Board of Secondary Education de-recognized the said qualification

only in the year 2011 which can have only prospective effect as

has been held by the Division Bench of this court in the matter of

The State of Rajasthan & Ors. Vs. Miss Firdos Taranum & Ors.

(supra). Counsel further submits that the respondents have taken

a decision to terminate the services of the petitioner only on the

ground of his qualification being 'Adeeb-E-Mahir' vide order dated

08.03.2022.

In that view of the matter, issue notice to the respondent(s),

returnable within six weeks.

Meanwhile, operation of the order dated 08.03.2022

(Annexure-13) shall remain stayed.

(INDERJEET SINGH),J

MG/276

Powered by TCPDF (www.tcpdf.org)