Jamia Urdu "Distributing Degrees" Without Proper Classes: Allahabad High Court Denies Relief Of Appointment To Such Degree Holders
Stating that the minority educational institution Jamia Urdu, Aligarh is "distributing degrees" without proper classes, the Allahabad High Court denied to such degree holders any right to appointment as Assistant Teacher (Urdu Language) in Primary Schools run by Uttar Pradesh Basic Education Board.Petitioners (in connected cases) pleaded that they had all obtained degrees in Adib-E-Kamil...
Stating that the minority educational institution Jamia Urdu, Aligarh is "distributing degrees" without proper classes, the Allahabad High Court denied to such degree holders any right to appointment as Assistant Teacher (Urdu Language) in Primary Schools run by Uttar Pradesh Basic Education Board.
Petitioners (in connected cases) pleaded that they had all obtained degrees in Adib-E-Kamil from Jamia Urdu, Aligarh and were eligible to be appointed as Assistant Teacher (Urdu Language) in Primary Schools run by U.P. Basic Education Board. All petitioners appeared in U.P. Teachers Eligibility Test - 2013 and cleared the same.
Petitioners claimed that they featured on the merit list prepared pursuant to the Test results where some were given postings while others were waiting for posting. Meanwhile an inquiry was conducted regarding the petitioners having passed the Adib-E-Kamil course in less than a year when the duration of the course was 1 year. It was also found that some petitioners had obtained degrees in the same year that they gave their Intermediate Exam.
Consequently, appointments of the petitioners who were already granted postings were cancelled. 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 Ors. Vs. State of U.P. and Ors., where the Allahabad High Court had held that those who studied Moallim-E-Urdu from Jamia Urdu, Aligarh on or before 11.08.1997, were entitled to be consideration for appointment on the posts of Assistant Teacher(Urdu) in primary schools run by U.P. Basic Education Board in pursuance of a G.O. dated 05.01.2016.
It was further argued that there was violation of principles of natural justice and that there was no bar on pursuing two course together.
Per contra, counsel for respondents argued that the institute was not recognized by University Grants Commission. It was argued that Jamia Urdu, Aligarh did not hold regular classes but distributed degrees and the petitioners had obtained degrees by fraud.
Justice Saurabh Shyam Shamshery observed that
“Petitioner has passed intermediate exam in the year 1995 and a certificate was issued on 26.07.1995. 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 5 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 Court held that petitioner had passed two examinations, Intermediate and Adib-E-Kamil, in a short period of 5 months, which was not proper. The Court held that Jamia Urdu was illegally distributing degrees. Therefore, petitioner was held to be ineligible for the post of the Assistant Teacher(Urdu).
Accordingly, the lead writ petition was dismissed. Similarly, all connected matters were also dismissed.
Case Title: Azhar Ali v. State Of U.P. And 2 Others
Counsel for Petitioner: K.S. Kushwaha
Counsel for Respondent: Bhanu Pratap Singh Kachhawah, I.R. Singh, K.Shahi, Pradeep Upadhyay, Sanjay Kumar Srivastava