Rajasthan High Court

Pramod Kumari Syoran Daughter Of ... vs The State Of Rajasthan Through Its ... on 21 March, 2022

Bench: Anoop Kumar Dhand

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 14739/2018

Pramod Kumari Syoran Daughter Of Sarjeet Singh Wife Of Late
Shri Dinesh Kumar, Aged About 30 Years, By Caste Jat, Resident
Of Village Diloi, Post Diloi South, Thesil Malsisar, District
Jhunjhunu (Raj.)
                                                                       ----Petitioner
                                    Versus
1.     The State Of Rajasthan Through Its Principal Secretary,
       Medical And Health Services, Govt. Secretariat, Jaipur
2.     The Director, Department Of Medical And Health Service,
       Medical Directorate, Rajasthan Jaipur
3.     Additional    Director        (Administration),           Department       Of
       Medical      And       Health       Service,        Rajasthan,        Medical
       Directorate, Jaipur
4.     Rajasthan Nursing Council, B-39, Sardar Patel Marg, C-
       Scheme, Jaipur Through Its Registrar
                                                                  ----Respondents

For Petitioner(s) : Mr. Anil Mahala For Respondent(s) : Mr. Vibhuti Bhushan Sharma, AAG

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

21/03/2022

It is submitted by learned counsel for the petitioner that the

same recruitment prayer has been approved by this Court in S.B.

Civil Writ Petition No.1457/2021 (Jahida Salma Vs. State of

Rajasthan & Ors.) and other connected batch of writ petitions by a

common order dated 10.02.2022.

The controversy as to eligibility of the persons for

appointment having obtained Adeeb qualification from Jamia Urdu,

Aligarh, stands resolved by a Division Bench of this Court vide its

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order dated 12.01.2022 in case of "The State of Rajasthan & Ors.,

Vs. Ms. Firdos Tarannum & Anr. (D.B. Civil Special Appeal (Writ)

No.534/2005). The Division Bench, while approving the law laid

down by an earlier Division Bench of this Court in case of "Altaf

Bano Vs. State of Rajasthan & Ors. (D.B. Civil Special Appeal

(Writ) No.258/2004) decided on 06.04.2005, proceeded to held as

under:-

"In addition to respectfully accepting the view of the Division Bench in the case of Altaf Bano (supra) we are also independently of the view that the stand of the State Government that the petitioner was not eligible for appointment to the post in question is invalid. As noted, the institution in question and courses offered are recognized by several States and Central Government since decades. Closure to home, the State of Rajasthan as far back in the year 1965 had issued an order, which reads as under:

"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.

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." The Rajasthan Secondary School Board had also issued similar clarification on 31.07.2002. The courses in question and their equivalence have been thus recognized and accepted since long. The State Government therefore now cannot take the stand that the course followed by the petitioner was not from an institute established by the Central or the State Government and therefore, the petitioner was not qualified to hold the post in question.

We may also record that the State Secondary School Board had published a booklet in the year 2007 (copy produced on record) in which there is a list of other boards, universities and institutions whose courses and examinations

(3 of 5) [CW-14739/2018]

have been recognized by the secondary school board. The courses of Adib examination and Adib Mahir examination imparted by Jamia Urdu, Aligarh have been recognized and equated with secondary examination and higher secondary examination respectively.

Before closing we must deal with three documents submitted by the learned Additional Advocate General. First such document is a communication 23.11.1991 issued by the State of Rajasthan which provides that the Central Government has in its communication dated 04.07.1952 provided that the courses offered by the university or institution established by the Central or State Government or which have been recognized by the University Grants Commission would be recognized and therefore degrees and diplomas granted by such institutions would not have to be separately recognized. The second document is a communication dated 24.04.1993 issued by the Director, Primary and Secondary Education, State of Rajasthan in which after referring to the above noted communication dated 23.11.1991 it has been stated that the Jamia Urdu Aligarh is not an institution established by the university or the board and the course of Mohalim-E-Urdu will not be considered equivalent to B.Ed degree.

In our opinion, these communications would not change the complexion so far as Government order dated 03.02.1965 is concerned. In the said order specifically the Government has decided to recognize specific named courses offered by the institution and also provided their equivalence. The communication dated 23.11.1991 merely records the stand of the Central Government that in relation to the institutions established by the Central or the State Government or recognized by the UGC, there would be no need to separately recognize the courses offered by them. This does not mean that no other courses of these institutions can be recognized by the State Government. The communication dated 24.04.1993 is primary a reiteration of the stand adopted by the State Government in the communication dated 23.11.1991 and it further specifically de-recognizes a particular course offered by the Jamia Urdu Aligarh namely the course of Mohalim-E-Urdu, which shall not be considered equivalent to B.Ed.

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

(4 of 5) [CW-14739/2018]

development can have no impact in the present proceedings. The de-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.

Under the circumstances, we do not find that the learned Single Judge committed any error. We may record that in view of the conflict between the two decisions of the Division Benches of this Court in the cases of Altaf Bano (supra) and Firdos Tarannum (supra), a reference was made to the larger bench. In Firdos Tarannum (supra) Supreme Court has remanded the proceedings before this Court and which are now being decided by this judgment which in any case is not in conflict with the view expressed in the case of Altaf Bano (supra). The reference to the larger bench would therefore become one of no consequence."

Per contra, learned Additional Advocate General submitted

that another Division Bench of this Court in the case of Karan

Singh Vs. RPSC & Anr. in DB Civil Special Writ Petition

No.703/2014 has held that the qualification of Adeeb-E-Mahir has

not been declared equivalent qualification by the State

Government to the qualification of Secondary Examination

certificate.

He further submitted that the petitioner is not entitled for

appointment on the post of Female Health Officer. He therefore

prays for dismissal of the writ petition.

This argument raised by the learned Additional Advocate

General has already been dealt by the co-ordinate Bench of this

Court while deciding a batch of writ petitions in the case of Jahida

Salma (supra) on 10.02.2022 by observing thus:

"It is undisputed that all the petitioners have obtained 'Adeeb' qualification from Jamia Urdu, Aligarh

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prior to year 2011. Thus, the aforesaid judgment applies with full vigour in the instant writ petitions There is another important aspect of the matter. The qualification provided for appointment on the post of Female Health Worker under the Rajasthan Medical & Health Subordinate Service Rules, 1965 (for brevity "the Rules of 1965"), is as under:

"Xth standard with Auxiliary Nurse Midwifery/Health Worker Female Course passed and registered in Rajasthan Nursing Council as B Grade Nurse."

It nowhere provides that Xth standard must be passed from the Board of Secondary Education, Rajasthan, Ajmer or should be an equivalent qualification so declared by the Board of Secondary Education, Ajmer, in absence whereof, the question of recognition/equivalence, perhaps, does not arise.

Learned counsels for the respondents could not satisfy this Court as to requirement of recognition/equivalence by the Board of Secondary Education, Rajasthan, Ajmer in absence of any such stipulation in the Rules of 1965. Of course, the Board from which a candidate has passed Xth standard must be valid one, a situation obtaining in the present case.

Therefore, the judgment relied upon by the respondents in case of Karan Singh (supra) is of no assistance to them.

In view of the above, the writ petitions deserve to be allowed.

The writ petitions are allowed accordingly. The respondents are directed to consider candidature of the petitioners for appointment on the post of Health Worker (Female) and to accord them appointment if found suitable otherwise as per their respective merit position with all consequential benefits from the date persons less meritorious were given appointment barring actual monetary benefits.

The pending applications, if any, stand disposed of accordingly."

In view of the submissions made above, the present writ

petition filed by the petitioner also stands disposed of in the light

of the order passed in the case of Jahida Salma (supra).