ALTAF BANO Vs. STATE AND OTHERS

JUDGEMENT

(1.) This special appeal is directed against the order of the learned Single Judge dismissing the writ petition.

(2.) The second respondent Director, Primary Education, Rajasthan Bikaner issued an advertisement dated 7.11.2000 inviting applications for appointment on all 400 posts of Urdu Teachers Grade III in different districts. The appellant submitted application in response to the said advertisement. As per the advertisement a candidate must have passed Secondary/Hr. Secondary/Sr. Secondary by the Board of Secondary Education or institution recognised by the State of Rajasthan with Urdu as one of the optional subject and five subjects Mathematics, Hindi, English as compulsory subjects. Further, a candidate must be possessed of STC certificate from an institution recognised by the State of Rajasthan. The appellant after obtaining a Bachelor Degree of B.Com. qualified in the year 1993 having successfully completed two years B.Ed. Course in the year 1995 from Maharshi Dayanand University, Rohtak. She also passed Adib Mahir Examination which is equivalent to Intermediate/Sr. Secondary Examination from Zamiya Urdu, Aligarh, an institution recognised by the State of Rajasthan and the Board of Education Rajasthan, in the year 1999. She further passed Adib Kameel course conducted by the Zamiya Urdu Aligarh, which is equivalent to BA. However, she was not given appointment irrespective of the fact that she stood in merit. Thus, she approached to this Court by way of filing a writ petition. The learned Single Judge dismissed the writ petition on twin grounds; firstly that there is no material to show that the appellant was not appointed on the ground of her possessing qualification of Adib Mahir only; secondly before approaching to the Court she had not made any representation to the Department pointing out that she has not been appointed solely on that ground.

(3.) At the motion stage notice for final disposal was given. On 12.1.2005 the Court directed the learned Additional Government Advocate to verify the reason for not giving appointment to the appellant. Pursuant to the direction of this Court Mr. Nathu Lal Verma, DEO (Elementary), Churu has filed an affidavit. The panel position has been summarised in Para 3 of the affidavit. The name of the appellant appears at S. No. 18 having secured 57.041 %. She was denied appointment on the ground that she was not having Urdu as one of the optional subject in the Secondary/Hr. Secondary Examination. In Para 4 it is averred that the State Government issued an order dated 10.9.2003 clarifying the position that those who had qualification of Adib, Adib Mahir, Adib Kameel, from the Universities not established by law are not valid degrees. It is further averred that as the appellant had not obtained the certificate of Adib Mahir, Adib Kameel, from the universities not established by law are not valid degrees. It is further averred that as the appellant had not obtained the Certificate of Adib Mahir from a university established by law, she was not qualified.