Court No. - 58 Case :- WRIT - A No. - 22094 of 2018 Petitioner :- Nasim Ahmad Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Raj Singh Counsel for Respondent :- C.S.C.,Krishna Kumar Chand Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri K.K.Chand, learned counsel appearing for respondent no. 3.
This petition is directed against an order passed by the Principal DIET, Jalaun, dated 29.8.2018, whereby petitioners representation for calculating his quality point marks on the basis of his Adeeb-E-Kamil qualification in place of B.Sc. qualification has been rejected. Petitioner submits that by virtue of Government Order dated 16.2.2005, Adeeb-E- Kamil has already been recognised as equivalent to B.A. Urdu. Submission is that authorities have wrongly calculated his marks, based upon the B. Sc. Examination result and that his marks in the Adeeb-E- Kamil ought to have been taken note of for determining his merits. Petitioner has placed reliance upon the judgment of this Ccurt in Misc. Single No. 3447 of 2006 decided on 7.9.2018 in which following observations have been made:-
“Admittedly, the petitioner has passed Munshi examination with Urdu Literature as one of the subjects from Board of Arabic and Persian Examinations, Uttar Pradesh in the year 2003 and Adeeb- e-Kamil examination from Jame Urdu, Aligarh. As per the Government Order dated 22.3.1995, Munshi Certificate has been recognized by the State Government and declared to be equivalent to High School/Matriculation Examination conducted by the U.P. Board. Similarly, Adeeb-E-Kamil examination has been recognized by the State Government and has been declared equivalent to Graduation in view of the Government Order dated 13.9.1994. Regulation 2 (71) of the Regulations contained in Chapter XIV of the U.P. Intermediate Education Act, 1921 has also been introduced and by virtue of Government Order dated 7.3.1995, the examination of Munshi conducted by the Registrar, Arabic and Persian Examination Board, Uttar Pradesh, Allahabad is an equivalent examination to the High School recognized by the State Government.
On considering the peculiar facts and circumstances of the case, this Court comes to the conclusion that the issue has already been examined by this Court in Civil Misc. Writ Petition No. 4713 of 2006 : Anamullah Ansari Vs. State of U.P. And others, decided on 24.1.2006, therefore, the benefit of the same be also extended to the present writ petitioner.
Accordingly, the writ petition is allowed. The impugned order dated 15.5.2006 is hereby quashed. Consequently, the Director, State Education Research & Training Council, Uttar Pradesh, Lucknow (opposite party No.2) is directed to pass appropriate order with regard to the petitioner being sent on training as a candidate for Special BTC Urdu Course, 2005, as expeditiously as possible preferably, within a period of six weeks from the date of receipt of a certified copy of this order keeping in view the observations made hereinabove.”
Learned Standing Counsel, however, has brought on record a Government Order dated 18.11.2005 which has been relied upon by the Principal DIET for the purposes of denying consideration to petitioner's claim. Para-4 of the Government Order reads as under:-
“4- यिद िकसी अभयथी दारा हाईसकू ल/ इणटरमीिडएट तथा बी0 ए 0 की परीका उतीणर करने के साथ ही एक िवषय उदरू से हाईसकू ल/इणटरमीिडएट की परीका उतीणर की गयी है अथवा इनके सथान पर अदीब, अदीब-ए-मािहर तथा अदीब-ए-कािमल की उपािध पाप की गयी है, तो ऐसे अभयिथरयो के मामले मे उदरू िवषय के पापांक अथवा अदीब, अदीब-ए- मािहर तथा अदीब-ए-कािमल की परीका के पापाको का गणाको का िनधाररण मे उपयोग नही िकया जाएगा। अिपतु इन अहरताओ की गाहता के वल पवीणता के रप मे होगी"। The Government Order dated 18.11.2005 modifies the previous Government Order issued on 16.2.2005 for the purposes of recruitment of three thousand graduates on the post of Assistant Teacher (Urdu) on the basis of BTC Urdu training qualification, 2005. The Government Order dated 18.11.2005 clearly modifies the previous Government Order which has been relied upon by the petitioner. The subsequent Government Order is not under challenge in this petition. In such circumstances, decision of the Principal DIET, not to reply upon the marks obtained in such qualification for determining his quality point marks cannot be said to be arbitrary or illegal.
Writ petition fails and is accordingly dismissed.
Order Date :- 31.10.2018 n.u.