Smt. Haseen Akhtar And Another vs State Of U.P. Thru. Prin. Secy. Food And Civil

1. Heard Sri Ram Lakhan, the learned counsel for the petitioners and Sri Alok Srivastava, learned Additional Chief Standing Counsel for the State.

2. By means of the writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged the validity of an order dated

25.10.2024 passed by the District Supply Officer, Barabanki rejecting the application of the Petitioner No.1 Smt. Haseen Akhtar for being allotted a fair price shop on compassionate basis consequent to death of her husband Mohd. Shameem Ansari, who had been allotted the fair price shop at Zaidpur, Barabanki. Husband of the Petitioner No.1 died on 29.11.2023 and thereafter, she submitted an application annexing therewith a certificate issued by Jamia Urdu Aligarh stating that the petitioner has passed Adeeb Examination in the year 2016 and she claimed that it is equivalent to High School Examination conducted by the Uttar Pradesh Intermediate Education Board.

3. The District Magistrate constituted a committee consisting of the District Inspector of School, District Minority Welfare Officer and District Supply Officer, Barabanki to decide equivalence of qualification of Adeeb with High School. By means of a Government Order dated 09.09.1983, the committee found that 'Adeeb' and 'Adeeb-e-Mahir' had been treated to be equivalent to high school for the purpose of making appointments to posts for which knowledge of Urdu at the stage of high school/matriculation is essential. Adeeb is not included as equivalent to High school in an order dated 02.08.2024 issued by the District Inspector of Schools, Barabanki 2 WRIC No. 9963 of 2025 regarding equivalence of qualification and in the order dated 26.07.2024 issued by the Secretary, Intermediate Education Board on this issue. The committee accordingly held that Adeeb certificate issued by Jamia Urdu Aligarh is not equivalent to high school examination conducted by Uttar Pradesh Intermediate Education Board.

4. The District Supply Officer rejected the request of the petitioner no.1 for being allotted for a fair price shop on a compassionate basis on the ground that she does not possess the minimum eligibility qualification of having passed high school.

5. Assailing validity of the aforesaid order, learned counsel for the petitioner has first submitted that the Government Order dated 05.08.2019 issued regarding allotment of a fair price shop does not lay down that for making allotment of a fair price shop on compassionate basis, the candidate must posses high school certificate.

6. The aforesaid Government Order dated 05.08.2019 contains numerous provisions under various headings. Para I deals with reservation, Para II deals with the procedure for calculating reserved shops, Para III deals with selection process of allotment of fair price shop in urban areas, Clause 2 whereof mentions that for appointment of fair price shop dealer in urban areas, the requisite qualification will be as per the para IV of the Government Order.

7. Clause 3 of para IV provides that the minimum essential qualification for an allotment of fair price shop in urban areas will be High School or it's equivalent examination.

8. Para V based on the procedure for making appointments of fair price shop owner on compassionate basis upon death of fair price shop owner. Clause 4 of this para provides that fulfillment of eligibility conditions of the petitioner under the dying-in-harness category shall be examined by a district level selection committee.

9. In the present case, the District level selection committee, consisting the District Inspector of School, District Minority Welfare Officer and District Supply Officer has examined the eligibility of the petitioner no.1 and has found that she does not possess the minimum eligibility requirement of having passed high school examination. 3 WRIC No. 9963 of 2025

10. Clause V(4) of the Government Order dated 05.08.2019 provides the district level selection committee shall examine as to whether the candidate fulfills the eligibility qualification, which qualification has been prescribed in Para IV clause (3).

11. I do not find any force in the submission of the learned counsel for the petitioner that the eligibility qualification laid down in Para IV Clause 3 would not apply to candidates under dying-in-harness. Learned counsel for the petitioner next submitted that certificate of Adeeb issued by Jamia Urdu Aligarh is equivalent to high school examination, as has been held by the Rajasthan High Court in its judgement in the case of Snehlata Vs. State of Rajasthan and others, S.B. Civil Writ Petition No.15381 of 2016 decided on

08.03.2022.

12. A perusal of the aforesaid judgement indicates that it is recorded there in that the petitioner had acquired qualification of Adeeb-Mahhir from Jamia Urdu Aligarh, which was recognized by the Rajasthan Board of Secondary Examination Ajmer as equivalent to 10th qualification, whereas in the present case, this qualification has not been recognized by the State Government as equivalent to high school examination.

13. Learned counsel for the petitioner next referred to a list of Government departments, Universities and Institutions which recognized the courses of Jamia Urdu Aligarh and permit the students of Jamia Urdu Aligarh to pursue higher studies in Universities, Institutions and Colleges, this list has been issued by the Registrar, Jamia Urdu Aligarh. Merely, because the certificate of Adeeb issued by the Jamia Urdu Aligarh has been recognized by several institutions for academic purposes, would not make this certificate applicable for all purposes to all authorities as equivalent to high school.

14. It is settled law that equivalence of qualification for the purposes of academics is to be decided by the academic body, who has to examine the eligibility and for the purposes of employment, the equivalence of qualification is to be decided by the employer.

15. In the present case, the petitioner no.1 is seeking allotment of a fair price shop by the State Government and, therefore, the State Government has the authority to decide the equivalence of qualification. The State Government has not taken any decision for treating Adeeb as equivalent to high school. 4 WRIC No. 9963 of 2025

16. Even for academic purposes, the Intermediate Education Board has recognized issue a list of qualifications which are recognized as equivalent to high school examination and this list does not include Adeeb certificate issued by Jamia Urdu Aligarh. U.P. Non-Governmental Arabic and Persian Madarsa Recognition, Administration and Services Regulation, 2016, Regulation 2 of this regulation contained definitions and regulation 2(k) provides that "Maulvi/Munsi" means a certificate of 10th level examination of the Board. This statutorily recognized qualification is treated as equivalent to Class 10th for some purposes but there is no statutory provisions under which a certificate of Adeeb issued by Jamia Urdu Aligarh can be treated as equivalent to high school certificate.

17. In these circumstances, this Court is of the considered view that there is no error or illegality in the impugned order 25.10.2024 passed by the District Supply Officer, Barabanki rejecting the petitioner's claim for allotment of fair price shop on compassionate basis on the ground that she does not possess requisite eligibility qualification of having passed high school examination.

18. Accordingly, the instant writ petition lacks merits and the same is dismissed. . (Subhash Vidyarthi,J.) October 14, 2025 Preeti PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Ram Lakhan, the learned counsel for the petitioners and Sri Alok Srivastava, learned Additional Chief Standing Counsel for the State.

2. By means of the writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged the validity of an order dated

25.10.2024 passed by the District Supply Officer, Barabanki rejecting the application of the Petitioner No.1 Smt. Haseen Akhtar for being allotted a fair price shop on compassionate basis consequent to death of her husband Mohd. Shameem Ansari, who had been allotted the fair price shop at Zaidpur, Barabanki. Husband of the Petitioner No.1 died on 29.11.2023 and thereafter, she submitted an application annexing therewith a certificate issued by Jamia Urdu Aligarh stating that the petitioner has passed Adeeb Examination in the year 2016 and she claimed that it is equivalent to High School Examination conducted by the Uttar Pradesh Intermediate Education Board.

3. The District Magistrate constituted a committee consisting of the District Inspector of School, District Minority Welfare Officer and District Supply Officer, Barabanki to decide equivalence of qualification of Adeeb with High School. By means of a Government Order dated 09.09.1983, the committee found that 'Adeeb' and 'Adeeb-e-Mahir' had been treated to be equivalent to high school for the purpose of making appointments to posts for which knowledge of Urdu at the stage of high school/matriculation is essential. Adeeb is not included as equivalent to High school in an order dated 02.08.2024 issued by the District Inspector of Schools, Barabanki 2 WRIC No. 9963 of 2025 regarding equivalence of qualification and in the order dated 26.07.2024 issued by the Secretary, Intermediate Education Board on this issue. The committee accordingly held that Adeeb certificate issued by Jamia Urdu Aligarh is not equivalent to high school examination conducted by Uttar Pradesh Intermediate Education Board.

4. The District Supply Officer rejected the request of the petitioner no.1 for being allotted for a fair price shop on a compassionate basis on the ground that she does not possess the minimum eligibility qualification of having passed high school.

5. Assailing validity of the aforesaid order, learned counsel for the petitioner has first submitted that the Government Order dated 05.08.2019 issued regarding allotment of a fair price shop does not lay down that for making allotment of a fair price shop on compassionate basis, the candidate must posses high school certificate.

6. The aforesaid Government Order dated 05.08.2019 contains numerous provisions under various headings. Para I deals with reservation, Para II deals with the procedure for calculating reserved shops, Para III deals with selection process of allotment of fair price shop in urban areas, Clause 2 whereof mentions that for appointment of fair price shop dealer in urban areas, the requisite qualification will be as per the para IV of the Government Order.

7. Clause 3 of para IV provides that the minimum essential qualification for an allotment of fair price shop in urban areas will be High School or it's equivalent examination.

8. Para V based on the procedure for making appointments of fair price shop owner on compassionate basis upon death of fair price shop owner. Clause 4 of this para provides that fulfillment of eligibility conditions of the petitioner under the dying-in-harness category shall be examined by a district level selection committee.

9. In the present case, the District level selection committee, consisting the District Inspector of School, District Minority Welfare Officer and District Supply Officer has examined the eligibility of the petitioner no.1 and has found that she does not possess the minimum eligibility requirement of having passed high school examination. 3 WRIC No. 9963 of 2025

10. Clause V(4) of the Government Order dated 05.08.2019 provides the district level selection committee shall examine as to whether the candidate fulfills the eligibility qualification, which qualification has been prescribed in Para IV clause (3).

11. I do not find any force in the submission of the learned counsel for the petitioner that the eligibility qualification laid down in Para IV Clause 3 would not apply to candidates under dying-in-harness. Learned counsel for the petitioner next submitted that certificate of Adeeb issued by Jamia Urdu Aligarh is equivalent to high school examination, as has been held by the Rajasthan High Court in its judgement in the case of Snehlata Vs. State of Rajasthan and others, S.B. Civil Writ Petition No.15381 of 2016 decided on

08.03.2022.

12. A perusal of the aforesaid judgement indicates that it is recorded there in that the petitioner had acquired qualification of Adeeb-Mahhir from Jamia Urdu Aligarh, which was recognized by the Rajasthan Board of Secondary Examination Ajmer as equivalent to 10th qualification, whereas in the present case, this qualification has not been recognized by the State Government as equivalent to high school examination.

13. Learned counsel for the petitioner next referred to a list of Government departments, Universities and Institutions which recognized the courses of Jamia Urdu Aligarh and permit the students of Jamia Urdu Aligarh to pursue higher studies in Universities, Institutions and Colleges, this list has been issued by the Registrar, Jamia Urdu Aligarh. Merely, because the certificate of Adeeb issued by the Jamia Urdu Aligarh has been recognized by several institutions for academic purposes, would not make this certificate applicable for all purposes to all authorities as equivalent to high school.

14. It is settled law that equivalence of qualification for the purposes of academics is to be decided by the academic body, who has to examine the eligibility and for the purposes of employment, the equivalence of qualification is to be decided by the employer.

15. In the present case, the petitioner no.1 is seeking allotment of a fair price shop by the State Government and, therefore, the State Government has the authority to decide the equivalence of qualification. The State Government has not taken any decision for treating Adeeb as equivalent to high school. 4 WRIC No. 9963 of 2025

16. Even for academic purposes, the Intermediate Education Board has recognized issue a list of qualifications which are recognized as equivalent to high school examination and this list does not include Adeeb certificate issued by Jamia Urdu Aligarh. U.P. Non-Governmental Arabic and Persian Madarsa Recognition, Administration and Services Regulation, 2016, Regulation 2 of this regulation contained definitions and regulation 2(k) provides that "Maulvi/Munsi" means a certificate of 10th level examination of the Board. This statutorily recognized qualification is treated as equivalent to Class 10th for some purposes but there is no statutory provisions under which a certificate of Adeeb issued by Jamia Urdu Aligarh can be treated as equivalent to high school certificate.

17. In these circumstances, this Court is of the considered view that there is no error or illegality in the impugned order 25.10.2024 passed by the District Supply Officer, Barabanki rejecting the petitioner's claim for allotment of fair price shop on compassionate basis on the ground that she does not possess requisite eligibility qualification of having passed high school examination.

18. Accordingly, the instant writ petition lacks merits and the same is dismissed. . (Subhash Vidyarthi,J.) October 14, 2025 Preeti PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench