(Court’s order whether the case is or not approved for reporting.) v. State of Uttaranchal

Judgment

1. State of Uttaranchal, through Secretary (Education), Dehradun.

2. Director of Education (Basic), Dehradun, District Dehradun.

3. District Education Officer (Basic), Nainital, District Nainital. ..................Respondents.

Mrs. Nishat Intezari, Advocate for the petitioner. Learned counsel for the respondents. Dated 21.02.2006 Hon’ble Rajesh Tandon, J. By the present writ petition, the petitioner has prayed for a writ of mandamus commanding the respondents to permit petitioner to appear provisionally in the written examination which is going to be held on 31.10.2004 for the purpose of appointment on the post of Assistant Teacher in Urdu.

2. At the time of admission, following order was passed on

29.10.2004:- “Heard learned counsel for the petitioners. Learned standing counsel accepts notices on behalf of the respondents, who prays for and is allowed three weeks time to file counter affidavit. Two weeks thereafter is allowed for filing his rejoinder affidavit. List this case thereafter. Learned counsel for the petitioners submitted that the petitioners have passed ‘Adeeb-e-kamil’ from Jamia Urdu Aligarh. Learned counsel has further drawn the attention of this Court to the U.P. Government order NO. 10/4/1978 Personnel- 2 dated 14th July, 1982 where by it has been provided that degree of Adeeb-e-Kamil will be treated equivalent to B.A. in Urdu. Apart from that as per the Govt. Office Memo no. 14021/2/78-Estt. D, similar provision has been made for the purposes of employment under Central Government. Annexure filed to the writ petition shows that the petitioner has obtained certificate of Moallim-e-Urdu (equivalent to B.T.C.) from the same institute. In the circumstances, meanwhile it is directed that the respondents shall permit the petitioner to appear provisionally in the examination scheduled to be held on 31.10.2004 for recruitment of Urdu teachers.”

3. Brief facts giving rise to the present writ petition are that according to the case of the petitioner, he is having requisite qualification for the post of Urdu Teacher as he has passed Urdu examination i.e. Adeb-e-kamil from Jamia Urdu Aligarh Institute in the year 1997, which is equivalent to graduation. The petitioner has also passed Moallim-e-Urdu in the year,

4. The Govt. of India passed an order-dated 28.06.1978 in which Adeeb-e-Kamil was held to be equivalent to graduation in Urdu Subject.

5. According to the petitioner, he is permanent resident of Haldwani District Nainital and has a domicile certificate.

6. On 29.07.2004, Zila Basic Shiksha Adhikari, Nainital published a notification in daily Amar Ujala newspaper requiring recruitment for Assistant Teacher (Urdu) in Primary School.

7. The short submission of the petitioners is that they have appeared in the interview but their result has not been declared. In a connected Writ Petition No. 1227 (ss) of 2004, the petitioners have also filed the Government Order dated 18th November, 2005 to the following effect:- **egksn;] mi;qZDr fo"k;d i=kad &csfld ¼mnZw½@36638@2005-06 fnukad 13-10-2005 eq>s ;g dgus dk funs’k gS fd lE;d fopkjksijkUr mRrjkapy jkT; ifj"knh; izkFkfed fo|ky;ksa esa mnwZ fo"k; v/;kiu ds fy, lgk;d v/;kidksa dh fu;qfDr gsrq vgZrk;sa] iwoZorhZ jkT; m0iz0 le;&le; izpfyr vkns’kksa n`f"Vxr j[krs gq, fuEuor~ fu/kkZfjr dh tkrh gS+:- 1- fo"k; ds lkFk mnZw Lukrd ¼ch,½ vFkok ;wthlh ls ekU;rk izkIr mnZw Lukrd ds led{k vikf/k ds lkFk gh ftyk f’k{kk ,oa izf’k{k.k laLFkku y[kuÅ] ldyMhgk ¼okjk.klh½] rFkk ¼esjB½ ls chVhlh mnw Z vyhx<+ ls eksvfye&,&mnZw izf’k{k.k izek.k i= izkIr fd;k gksA

2. ;fn mi;qZDr vgZrk j[kus okys vH;FkhZ miyC/k ugha gks ikrs gS rks ,slh fLFkfr esa izkFkfed fo|ky;ksa esa mnwZ Hkk"kk ds v/;kiu Hkkjr es a fof/k }kjk LFkkfir fo’ofo|ky; ls mnwZ fo"k; ds lkFk Lukrd mikf/k rFkk lkekU; csfld v/;kid izek.k i= ¼lkekU; chVhlh½ izf’k{k.k vgZrk j[kus vH;fFkZ;ksa lgk;d v/;kid ds :I eas fu;qDr fd;k tk ldrk gSA 3- ;fn mi;ZqDr fu/kkZfjr 'kSf{kd @izf’k{k.k vgZRkk j[kus vH;FkhZ miyC/k ugha gks ikrs gSa] rks ,slh fLFkfr esa mnwZ Hkk"kk ds lgk;d v/;kidksa ds fjDr inksa dks Hkjs tkus fuEufyf[kr Js.kh ds vH;fFkZ;ksa dks ojh;rk iznku dh tk ldrh gS fdUrq mUgas vizf’kf{kr osrueku fn;k tk;sxk%&& d&& ekU;rk izkIr fo’ofo|ky; ls mnw Z fo"k; ds lkFk Lukrd ¼ch,½ vFkok ;wthlh ls ekU;rk izkIr mnwZ Lukrd ds led{k mikf/k rFkk 11-8-97 ds i’pkr tkfe;k mnZw vyhx<+ dk eksvfYye&,&mnZ izf’k{k.k izek.k i=A [k&& fdlh ekU;rk izkIr fo’o fo|ky; ls mnwZ fo"k; ds lkFk Lukrd ¼ch,½ mikf/k vFkok ;wthlh ls ekU;rk izkIr mnwZ Lukrd ds led{k ds led{k mikf/kA ¼2½ d`i;k mDr ds vk/kkj ij mnwZ v/;kidksa dh fu;qfDr izfdz;k dks bl 'kklukns’k ds fuxZr gksus dh frfFk ls ,d ekg esa iw.kZ dj;s tkus gsrq rRdky vko’;d vxzsRrj dk;Zokgh fd;k tkuk lqfuf’fpr djsaA**

8. According to the Government Order, the relaxation has been made, who have got the degree of Moallim-e-Urdu from Jamia Urdu, Aligarh after 11.08.1997. Earlier to the passing of the present Govt. Order dated

9. 18th November, 2005, there were two judgments of this Court, one of the judgments has been passed in Writ Petition No. 794 (S/B) of 2002 Azad Ahamad and 11 others Vs. State of U.A. and and another, where this Court after relying upon the G.O. dated 13th September, 1994 has passed the order to the following effect:- “A bare perusal of G.O. dated September 13, 1994 Annexure-4 to the writ petition reveal that the State of U.P. has recognized the Moallim-E-Urdu certificate equivalent to B.T.C Urdu and in pursuance thereof those incumbent who hold such certificates were to given appointment against vacancies of B.T.C. discipline in Urdu language. No doubt, by G.O. dated 11-08-1998 certificates, which were recognized as equivalent to B.T.C., have been de-recognized, except the certificates issued institutions specified this order. Jamia-E-Urdu do not find place among institutions and therefore, certificate of Moallim-E-Urdu ceased to have recognition with effect the date of issuance of the said G.O. dated

11.08.1997. Learned Standing Counsel did not controvert the argument advanced by the learned counsel for the petitioners that in view of the provisions of Section 86 of Uttar pradesh Reorganization Act, 2000 both the above G.O.s of the State of U.P., issued prior to the creation of the State of Uttaranchal, continue to apply in the State of Uttaranchal. Therefore, if any person obtained Moallim-E-Urdu certificate before

11.08.1997 will be entitled to the benefit of this certificated and G.O. dated 13.09.1994 (Annexure-4) * * * * For the above reasons only those petitioners who have obtained Moallim-E-Urdu Certificate before 11-08-1997 will be entitled to proper relief in this petition. Since the candidates who were selected pursuant advertisement

16.06.2002 issued by respondent No. 2 have not been impleaded as the respondents in this petition and therefore, no relief in regard to the said advertisement is being granted to the petitioners. The petition, therefore, succeed partly and a writ in the nature of mandamus directing commanding respondents to recognize the certificate of Moallim-E-Urdu equivalent to B.T.C. (Urdu) for the recruitment against the appropriate posts of those petitioners who have obtained certificate prior to 11.08.1997. No order as to costs.”

10. A counter affidavit has been filed by the State, where in paragraph 5 it has been stated as under:- “6. That the contents of para 4 of the writ petition are not admitted and are denied. Prior to 11/08/1997 Moallim-e- Urdu Course of Jamiya Urdu Aligarh was recognized equivalent to B.T.C. Couirse by the Stat eof U.P. Such recognition was cancelled by the State of U.P. on 11/08/1997 vide Government Order No. 2657/15-5-97-127/97 T.C. A true copy of the Government Order dated 11/08/1997 is being filed herewith and is marked as Annexure No. C.A. 2 to this affidavit. A writ petition No. 794 of 2002 was also filed for a direction to the State of Uttaranchal to recognise certificate Moallim-E-Urdu is equivalent to B.T.C. on 02/08/2003, Hon’ble Court held the validity of the Government Order dated 11/08/1997 and directed recognise certificate of Moallim-E-Urdu Course equivalent to B.T.C. petitioners only who have obtained certificate prior 11/08/1997.”

11. In view of the aforesaid Government Order, the writ petition is allowed. A writ of mandamus issued respondents to consider the candidature of the petitioner within a period of six weeks from the date of presentation of the certified copy of the order for the post of Assistant Teacher as the petitioner Orders dated 13th September, 1994 and 18th November, 2005. is qualified for the post as per Government

12. Consequently, writ petition is allowed. No order as to costs.

21.02.2006 Rathour (Rajesh Tandon, J.)