MANISH KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) A. P. Singh, J. Heard Sri H. S. Jain, learned counsel for the petitioner and Sri Umesh Chandra, learned counsel for the opposite parties.

(2.) THIS case was earlier heard by me on 19-5-1995 on which date Sri Umesh Chandra could nut be able to argue the case and sought adjournment. His request was turned down on the objection raised by petitioner's learned counsel. After bearing learned counsel for the petitioner an interim order was passed restraining respondents from making any appointment on the posts of Urdu Translator-cum- Junior Clerks as appointments on this post is under challenge in this writ petition. Thereafter Special Appeal was filed by the State of U. P. before Division Bench. The Division Bench set aside the order, dated 19-5-1995 and a direction was issued to hear the writ petition finally after affording opportunity to the counsel for the parties to argue the case. It was, however, left open to either hear the writ petition finally or to pass orders on the stay application.

(3.) A proforma of advertisement has been filed by the petitioner as Annexure 5 to the writ petition. This has been issued by the State Govern ment providing for requirements for the purposes of calling applications from candidates for appointment on the post. In this too, it is provided that per sons who have passed Intermediate Examination of the Board with Urdu as one of the subjects or in the alternative an equivalent examination to the examination of Intermediate of the Board. In the note appended to the said advertisement, it has been provided that the State Government has recognised the certificate of Adeeb-e-Mahir given by Jamia Urdu, Aligarh as equivalent to the Intermediate Examination of the Board, , 6. Argument of the learned counsel for the petitioner is that since for awarding the certificate of Adeeb-e-Mahir, Jamia Urdu, Aligarh does not pro vide education in any other subject except Urdu, as such, the certificate of Adeeb-e-Mahir given by it, cannot be made equivalent to Intermediate Examination of the Board as the examination is taken by the Board in five subjects including the subject of Hindi as a compulsory subject. For substantiating his argument, learned counsel has placed reliance on the prospectus of Jamia Urdu, Aligarh (Annexure-7 to the writ petition ). A perusal of the prospectus would show that the certificate of Adeeb-e-Mahir which has been made equiva lent to the Intermediate Examination of the Board, is awarded by Jamia Urdu, Aligarh in Urdu Prose, Urdu Poetry, History of Urdu Literature and Urdu-Hindi Grammar as compulsory subjects and any one of the optional papers from amongst Persian, English, G. K. and Home Education (for ladies only ). Thus, the prospectus would show that the subject of Hindi is not at all includ ed as one of the subjects in which examination is taken by Jamia Urdu, Aligarh before awarding the certificate of Adeeb-e-Mahir, therefore, Adeeb-e-Mahir cannot at all be equal to Board's Intermediate Examination. 7. In this background, learned counsel for the petitioner contended that since the posts in question which is to be filled up by the State Government from among the candidates including those who have passed the Adeeb-e-Mahir Examination of Jamia Urdu, Aligarh, do not possess the necessary knowledge of Hindi or any other language except Urdu, therefore, they are not at all fit for being appointed on the post which by its very nature requires knowledge of one more language (Hindi) apart from Urdu. It was further elaborated that a person possessing sufficient knowledge of both Hindi and Urdu alone can discharge the function of Urdu Translator. Such knowledge of the two subjects must in any case be equal to the standard which is fixed by the Board for its Intermediate Examination. According to him, the State Government has no power to recognise any examination or certificate as equivalent to the Examination of Intermediate of the Board unless such exami nation is really and factually equal to the standard of Board's Intermediate Examination in all respects. The contention is that the examination of Adeeb-e-Mahir of Jamia Urdu, Aligarh in no case can be called as an examination equivalent to the Board's Intermediate Examination as the standard of the two examinations in the subjects of study in the two examinations is absolutely different. 8. On the other hand, it was contended by Sri Umesh Chandra on behalf of the respondents that the requisite qualification for appointment on the post of Urdu Translator-cum-Junior Clerk is the Board's Intermediate Examination with Urdu as one of the subjects. According to him, in case a person who has passed Intermediate Examination of the Board without subject of Urdu, for them only the alternate provision has been made to the effect that if such person possesses certificate of Adeeb-e-Mahir, which has been made equivalent to the Board's Intermediate Examination, will also be eligible for appointment on the post in question. Sri Chandra clarified that the provision in respect of certificate of Adeeb-e- Mahir of Jamia Urdu, Aligarh being equi valent to the Board's Intermediate Examination is only for the purposes of making eligible such candidates who had not studied the subject of Urdu in the Board's Intermediate Examination and for no other purposes. It was further contended that it is not correct on the part of the petitioner's counsel to say that Hindi is not one of the subjects in which examination is taken by Jamia Urdu, Aligarh before awarding the certificate of Adeeb-e-Mahir. The learned counsel produced a typed written note in which the subjects in which examination is taken by Jamia Urdu, Aligarh for awarding the certificate of Adeeb-e-Mahir were mentioned. As per the chit produced, the subject of Hindi appeared as one of and the subjects carrying marks 100 along with other subjects. This note is on a loose paper having no authentication nor it his been filed with an affidavit. The question that Hindi is not subject for award ing the certificate of Adeeb-e-Mahir was raised during the arguments on the previous date (on 25th May, 1995) but the affidavit which could have been filed, was not Sled, 9. Having considered the arguments of the learned counsel for the parties, I find that there is sufficient force in the contention of the learned counsel for the petitioner. It is without controversy that the posts on which appointments are being made by the respondents, are the posts of Urdu Translator. The work which is required to be performed by a translator is the work of translation of documents including applications from other language of in the language Urdu, i. e. to say the documents which are in langu ages other than Urdu, are to be translated in the language of Urdu or vice versa. Such a job cannot be performed by a person who is not conversant with more than one language. It is apparent from the prospectus of Jamia Urdu, Aligarh (Annexure-7 to the writ petition) that no subject other than the subject of Urdu is prescribed as course of study for the purposes of awarding certi ficate of Adeeb-e- Mahir. Thus, candidates possessing the certificate of Adeeb-e-Mahir of Jamia Urdu, Aligarh are not supposed to be qualified in any subject other than the subject of Urdu. The corractness/genuinenss of the prospectus has not bean questioned by respondents in their counter affidavit. In this situation, it has to be accepted as the correct prospectus showing the subjects in which examination is taken by Jamia Urdu, Aligarh for awarding certificate of Adeeb-e-Mahir. It is, therefore, without dispute that persons possessing only the certificate of Adeeb-e-Mahir from Jamia Urdu, Aligarh do not have the requisite knowledge of the subject of Hindi (or English ). There fore, such parsons will not able to perform the job of Urdu Translator if they are appointed on the post in question. 10. Sri Umesh Chandra, however, contended that since Rule 17 of the rules provides for holding examination by the recruiting agency in the subject of Hindi [50 marks and Urdu to Hindi translation (100 marks ). Therefore, it is but natural that those who have been appointed or have to be appointed on the post, would certainly be possessed of the requisite knowledge in the two languages so as to perform their job efficiently. I am afraid such a contention cannot be accepted. When a qualification is prescribed by the rules, it is prescribed for universal application so as to enable parsons desirous for appointment on the post to apply and seek appointment on it. It, therefore, cannot be left to the recruiting agency to judge as to whether a person who does not possess the requisite qualification laid down by the recruitment rules is otherwise fit for appointment. Before the recruiting body undertakes the job of scrutiny, it has, in any case, to be ensured that the candidate who is seat to it for that purpose is possessed of the minimum requisite qualifica tion which is provided for appointment on the post, A person who is not possessed of the requisite minimum qualification, cannot be appointed on the post irrespective of the fact that ha has sufficient knowledge of Urdu and Hindi as per the opinion of the recruiting body. 11. I, therefore, do not find any force in the contention of the learned counsel for the respondents. I am of the tentative opinion that for appoint ment on the post of Urdu Transistor-cum-Junior Clerk no person can be held to be qualified until he has passed Intermediate Examination of the Board as laid down in Rule 11 with Urdu as one of the subjects. I am also of the view that certificate of Adeeb-e-Mahir of Jamia Urdu, Aligarh is not equivalent 10 the Board's Intermediate Examination for the purposes of appointment on the post in question. In the circumstances, a person possessing only the certificate of Adeeb-e-Mahir of Jamia Urdu, Aligarh cannot be held to be qualified for Appointment on the post of Urdu Translator and, such a person, therefore, cannot be appointed on the post. I, therefore, make following directions which shall be operative until further orders that may be passed in the writ petition after its final hearing is completed: (i) No person shall be appointed on the posts in question until he has passed Intermediate Examination of the Board with Urdu as one of the subjects ; (ii) If a person has passed Board's Intermediate Examination without Urdu as one of the subjects but has also passed the examination of Adeeb-e-Mahir of Jamia Urdu, Aligarh he too, for the time being, will be qualified for appointment on the post ; (iii) Appointments of persons who have not passed Board's Interme diate Examination but are possessed only of the certificate of Adeeb-e-Mahir of Jamia Urdu, Aligarh already made by the State Government shall cease with immediate effect and no salary shall be paid to them henceforth. (iv) This case shall be listed ,for further hearing on 19th July, 1955 as has been agreed by the learned counsel for the parties. Petition allowed. .