Rajasthan High Court - Jodhpur
Najma Bano vs State And Ors on 24 March, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6353/2015
Najma Bano D/o Yasin Mohammed, W/o Tofiq Islam, aged about
27 years, B/c Muslim, R/o Ward No.23, Teliyon Ka Mohalla,
Taranagar, Teshil Taranagar, District Churu (Raj.)
----Petitioner
Versus
1. State of Rajasthan through the Secretary, Rajasthan
Madarsa Board, First Floor, Rajasthan Pathaya Pustak
Mandal Bhawan, 2-2A, Jhalana Sansthanik Kshetra, Jaipur.
2. The Deputy Secretary (Adm.), Education (Group-6)
Department, Secretariat, Jaipur (Raj.).
3. The District Minority Welfare Officer cum District Collector,
Hanumangarh.
----Respondents
For Petitioner(s) : Mr. S. D. Goswami.
For Respondent(s) : Mr. Salman Agha and Mr. Anupam
Gopal Vyas for Mr. A. K. Gaur, AAG.
HON'BLE MS. JUSTICE REKHA BORANA
Order
24/03/2022
When the matter was listed on 09.02.2022, the following
order was passed by this Court:-
"The present petition was filed against the non-
consideration of the candidature of the petitioner on the
ground that her mark-sheet of Secondary Education
issued by Jamia Urdu, Aligarh was not from a
recognized institute.
Counsel for the petitioner submits that the dispute
as to the validity of the mark-sheets/degrees issued by
the Jamia Urdu, Aligarh has been settled in a Division
Bench Judgment of this Court passed in D.B. Special
Appeal Writ No.534/2005 (The State of Raj. Vs. Miss.
Firdos Tarannum & Ors.).
(2 of 3) [CW-6353/2015]
Therefore, no dispute now survives as to the
validity of the mark-sheet of the petitioner or the
recognition of the Institute issuing the same. But the
status of the vacancies qua the current recruitment is
required to be placed on record by the respondent
Department for the purpose of effective orders to be
passed.
Counsel for the respondents prays for two weeks'
time for the aforesaid purpose.
List the matter on 11.03.2022."
In pursuance to the order dated 09.02.2022, an additional
affidavit has been filed on behalf of the respondent-Department
wherein it has been stated that vide the advertisement in the year
2013, total 3326 posts of Madarsa Urdu Shiksha Sahyogi were
notified and as of date 826 vacancies still lye vacant.
In view of the fact that the seats qua the recruitment in
question remain vacant till date, the petitioner deserves to be
afforded appointment.
In Miss. Firdos Tarannum's case (supra), the following
observations were made:-
"Several years have passed and the litigation
remained pending at one stage or the other. We do
not think that the State exchequer should be burdened
with the payment of idle wages for the past period to
the petitioner even if she were to be appointed. Under
the circumstances, while disposing of this appeal, the
judgment of the learned Single Judge is modified by
holding that the State authorities shall consider the
petitioner for appointment to the post in question
according to her merit position and if appointed, she
shall be granted all consequential benefits except back
wages for the past period. In other words, the
petitioner would have the benefit of seniority for the
(3 of 3) [CW-6353/2015]
past period from the date the person below the
petitioner in merit list was appointed."
In view of the above observations, the present writ petition
is disposed of with a direction to the respondents to afford
appointment to the petitioner in accordance with her merit
position with all consequential benefits except back wages for the
past period. In other words, the petitioner would have the benefit
of seniority for the past period from the date the person below the
petitioner in merit list was appointed.
All the pending applications also stand disposed of
(REKHA BORANA),J
87-Sachin/-
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