Prayagraj: Holding that Jamia Urdu Aligarh, a minority institution imparting education to deprived sections, is distributing degrees without proper classes, the Allahabad High Court has denied such degree holders any right to appointment as Urdu language assistant teachers in primary schools run by Uttar Pradesh Basic Education Board.
The Observation
Dismissing a writ petition filed by Azahar Ali and others, Justice Saurabh Shyam Shamshery observed, "The petitioner has passed intermediate exam in the year 1995 and a certificate was issued on July 26, 1995. As per case of petitioner, he got admission in Jamia Urdu, Aligarh to pursue Adib-E-Kamil in July, 1995. Its exam was conducted in November, 1995 i.e. within five months and result was declared in July, 1996. A certificate placed on record clearly shows that petitioner has passed Moallim-E-Urdu examination held in February, 1997." The petitioners had pleaded that they got degrees in Adib-E-Kamil from Jamia Urdu, Aligarh and were eligible to be appointed as assistant teacher (Urdu language) in state primary schools. All petitioners appeared in the Uttar Pradesh Teachers Eligibility Test - 2013 and cleared it.
The petitioners claimed that they featured in the merit list prepared pursuant to the test results where some were given postings while others were waiting for posting. Meanwhile, an inquiry found that some petitioners passed the Adib-E-Kamil course in less than a year when the duration of the course was one year while some obtained degrees in the same year they sat for their Intermediate Exam.
Consequently, the appointments of the petitioners already granted postings were cancelled. The petitioners approached the high court arguing that Jamia Urdu, Aligarh was a recognized institute and the speculation that there were no teachers, classrooms was baseless.
Reliance was placed on Sartaj Ahmed and others vs State of UP (2018), where the Allahabad High Court had held that those who studied Moallim-E-Urdu from Jamia Urdu, Aligarh on or before August 11, 1997, were entitled to be consideration for appointment on the posts of assistant teacher (Urdu) in primary schools run by UP Basic Education Board in pursuance of a government order dated January 5, 2016.
It was further argued that there was violation of principles of natural justice and that there was no bar on pursuing two courses together.
On the other hand, counsel for respondents argued that the institute was not recognized by the University Grants Commission (UGC). It was argued that Jamia Urdu, Aligarh did not hold regular classes but distributed degrees and the petitioners had obtained degrees by fraud.
The court held that the petitioner had passed two examinations, Intermediate and Adib-E-Kamil, in a short period of five months, which was not proper.
The court in its judgement dated May 17 held that Jamia Urdu was illegally distributing degrees. Therefore, petitioner was held to be ineligible for the post of the Assistant Teacher (Urdu).
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