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| Dismisses 18 petitions along with CMP s | | ‘Court decides law point on Adeeb-e-Kamil qualification’ | | Early Times Reporter
Jammu | Oct 16
While deciding a law point, whether qualification of Adeeb- e-Kamil acquired from Jamia Urdu Aligarh is equivalent to Graduation for the purpose of employment under the Rehbar-e-Taleem Scheme in the J&K State, Justice YP Nargotra of Jammu and Kashmir High Court dismissed all the 18 petitions and the connected CMP s and maintained that as already held the qualification of Adeeb-e-Kamil can not be treated as graduation in the absence of passing three subjects in BA Part-1, II and III, except the Persian for the purpose of employment in the state.
Justice Nargotra said it is not disputed that on the last date of submission of application forms, pursuant to the advertisement notice issued for engagement of ReT Teachers, none of the petitioners had qualified in three subjects in BA Part- I, II & III and the Government in terms of its communication of January 9,2006 decided that the qualification of Adeeb-E-Kamil would not be equivalent to Graduation without further qualifying in three subjects.
The counsels for the petitioners submitted that the Ministry of Home Affairs Department of Recruitment and Administration Union of India has by its official memorandum recognized the Adeeb-E-Kamil as equivalent to BA, therefore there is no reason for the state for not recognizing the same as equivalent to BA Standard. Justice Nargotra, after hearing arguments from both the sides, observed that as already held the qualification of Adeeb-E-Kamil cannot be treated as graduation in the absence of passing three subjects in BA Part- I, II & III except Persian for the purpose of employment in the state. Therefore, there is no merit in these petitions and the same are accordingly dismissed along with connected CMP s.
In an approved for reporting judgment, Justice Nargotra decided law point which was raised in all the 18 petitions and observed that undisputedly before the controversy arose the respondents had offered appointments to the candidates possessing the qualification of Adeeb-e-Kamil by treating the same to be equivalent to the graduation. The question whether Adeeb-E-Kamil is equivalent to graduation arose in petition titled Mohd Jamil Vs state of J&K vide order May 30, 2005, the petition was disposed off with observations that as it is not disputed that the petitioner is not possessing the qualification of Adeeb-e-Kamil, therefore, Director School Education, Jammu is directed to consider as to whether the qualification possessed by the petitioner is equivalent to graduation and in case it is found equivalent to graduation, he may be considered for the post of ReT Teacher along with other candidates for the post to be filled in villages Seroola under rules. Pursuant to the said direction, the Director School Education Jammu wrote Registrar University of Jammu to clarify as to whether the qualification of Adeeb-e-Kamil was equivalent to graduation who in turn maintained that Adeeb-e-Kamil of Jamia Urdu Aligarh was treated equivalent to Adeeb-e-Fazil of this University and after passing Adeeb-e-Fazil from this University, a candidate has to appear and qualify under completion category in three subjects except Persian in BA Part I, II and III and thus to be treated as equivalent to Graduation of this University. It appears that above communication came to be considered by the Education Department while making appointments against the ReTs, Justice Nargotra observed. JNF |
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