Qualification Of “Adeeb” Is Equivalent To Class 10th Qualification: Rajasthan High Court Reiterates

While reiterating that the educational qualification termed as "Adeeb" is equivalent to Secondary Examination (10th Class), the Rajasthan High Court recently directed the appointment of a woman to the post of Health Worker (Female) which had the eligibility criteria of 10th standard qualification.

Referring to the decision of a coordinate bench (at Jaipur) in Jahida Salma v State of Rajasthan & Ors. (2022) a single judge bench of Justice Vinit Kumar Mathur said, "The Coordinate Bench at Jaipur in the case of Jahida Salma has dealt with the controversy in detail and has come to the conclusion that the educational qualification of 'Adeeb' is equivalent to Secondary Examination on the basis of Division Bench's judgments rendered in the case of Altaf Bano Vs. State of Rajasthan & Ors. and in the case of State of Rajasthan & Ors. Vs. Miss. Firdos Tarannum & Anr".

Justice Mathur further said that the coordinate bench at Jaipur in Jahida Salma had also held that in "Rajasthan Medical and Health Subordinate Rules, 1965, the qualification prescribed is 10th standard and it has nowhere been stated that the same should be equivalent qualification so declared by the Board of Secondary Education, Ajmer, Rajasthan". 

The observation came in a plea moved by a woman, who belonged to the OBC Non-Creamy Layer and had appeared for the examination for the post of Health Worker (female), however, her result was withheld by the respondents on the ground that she had qualification of “Adeeb” from Jamia Urdu, Aligarh and was not considered eligible for the post.

The petitioner had filed the writ petition that was dismissed by the Coordinate bench of the High Court, pursuant to which a civil special appeal was filed which was also dismissed. After this, the petitioner reached the Supreme Court by filing a civil appeal and the Apex Court remanded the matter to the High Court restoring the same without giving any pronouncements on the merits.

Before the high court it was argued by the counsel for the petitioner that the qualification of “Adeeb” from Jamia Urdu, Aligarh was equivalent to the examination of 10^th Standard conducted by the Board of Secondary Education, Ajmer, and thus the petitioner was eligible for the post. The counsel relied upon the decision of the cooridanr bench at Jaipur in the case of Jahida Salma stating that it had identical set of facts which was decided in favour of the petitioner therein. 

Meanwhile the Additional Advocate General appearing for the State argued that the qualification acquired from Jamia Urdu, Aligarh was by an institute that did not have any legal sanction and hence was not equivalent to 10^th standard (secondary) Examination.

Agreeing with the petitioner's contention, the high court perused the decision of the coordinate bench (at Jaipur)  in Jahida Salma and allowed the petition. 

"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 (supra) as the selection process in question is for the same post and for the same notification," Justice Mathur said. 

The court further directed the respondents including the State of Rajasthan–through the Secretary, Medical and Health Department to undertake the process of appointment and appoint the petitioner to the post of Heath Worker (Female) (Non-TSP) considering the qualification of 'Adeeb' as equivalent to Secondary Examination from the Board of Secondary Education, Ajmer, Rajasthan, if she is otherwise eligible, within eight weeks. 

Title: Gomi v the State of Rajasthan & Ors.

Citation: 2024 LiveLaw (Raj) 221

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