In a significant ruling, the Rajasthan High Court has directed the state government to consider the ‘Adeeb’ qualification from Jamia Urdu, Aligarh as equivalent to the Secondary Examination conducted by the Board of Secondary Education, Ajmer. This decision was made in the case of Gomi D/o Harkha Ram W/o Danaram v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 10748/2018), presided over by Justice Vinit Kumar Mathur.
Background of the Case
The petitioner, Gomi, a 27-year-old woman from Barmer, Rajasthan, applied for the post of Health Worker (Female) under the OBC Non-Creamy Layer category following an advertisement by the state on June 18, 2018. Despite holding the necessary qualifications, her application was withheld because her ‘Adeeb’ qualification from Jamia Urdu, Aligarh was not recognized as equivalent to the 10th standard by the Board of Secondary Education, Ajmer. The case had previously been dismissed by a coordinate bench and a division bench of the Rajasthan High Court, leading Gomi to appeal to the Supreme Court.
Legal Issues Involved
The primary legal issue was whether the ‘Adeeb’ qualification could be considered equivalent to the Secondary Examination required for the post of Health Worker as per the Rajasthan Medical & Health Subordinate Service Rules, 1965. The petitioner argued that the qualification was indeed equivalent and cited a previous judgment in a similar case (Jahida Salma Vs. State of Rajasthan & Ors.) where the court recognized ‘Adeeb’ as equivalent.
Court’s Decision
Justice Vinit Kumar Mathur, in his judgment dated August 6, 2024, ruled in favor of the petitioner, aligning with the precedent set by the Jaipur Bench in the Jahida Salma case. The court observed that the rules did not specify that the 10th standard must be from the Board of Secondary Education, Ajmer, or an equivalent recognized by it. The judgment emphasized:
“In the considered opinion of this Court, there is no reason to take a different view than the one which has already been taken by the Coordinate Bench of this Court in the case of Jahida Salma.”
The court directed the respondents to proceed with the appointment process, considering the ‘Adeeb’ qualification as equivalent, and to appoint the petitioner if she meets other eligibility criteria within eight weeks.
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Parties and Representation
– Petitioner: Gomi D/o Harkha Ram W/o Danaram
– Respondents: State of Rajasthan and others
– Petitioner’s Counsel: Mr. Vivek Firoda and Mr. Jayram Saran
– Respondents’ Counsel: Mr. Narendra Singh Rajpurohit, AAG, assisted by Mr. Sher Singh and Ms. Anita Rajpurohit
