rv C^"f ^s"o Nfi%£R^^ v -•"•;s^^' IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHAmSGARH ^s^) W.P.tSINo. / 2006 PETITIONER .^d^^ (j^y ^^^^ ./^.•" ^•'.^ ^' ^y^ <<<;>'^-" ^" RESPONDENTS s^ ^ ^y"^ ^ ^'l^^ ^.01 1.3 ~ / ^lohammad Khalil, S/0. Shri Mohammad Usman, Aged about: 35 years, R/0. Masjid Road, Champa, Distt. Janjgir-Champa (C.G.) VERSUS \^ State of Chhattisgarh Through : The Secretary, School Educatiori Department, D.K.S. Bhawan, Raipur, Distt. : Raipur (C.G.) 2. /The Collector, Janjgir, Distt. Janjgir-Champa (C.G.) 3; TheChiefExecutiveOfficer, Janpad Panchayat, Navagarh, Distt. Janjgir-Champa (C.G.) '»• 4. The District Education Officer, Janjgir, Distt. Janjgir-Champa (C.G.) 5. Block Education Officer, Navagarh, Distt. Janjgir-Champa (C.G.) 6. Smt. Akhtari Begam, W/0. Shri Maulana Madni @ Julkar Nain, aged about: 36 years, R/0. Purani Basti Naila, Distt. Janjgir-Champa (C.G.) WRIT PETITION UNDER ARTICLE 226 QF THE CONSTITUTION OF INDIA The petitioner humbly submits following facts and grounds as under:- HI6H COURT OF CHHATTISeARH AT BILASPUR Writ Petition No. 7541 of 2006 Petitioner Mohammad Khaiil Versus Respondents State of Chhattisgarh <& others Siiyie Bench: Hon'bte Mr. Justice Sotish K. AgmhoW. Present: 5hri Pushpendra Kumar Patel, Advocate for the petitioner. Shri Sufihil Dubey, iSovernment Advoeate for the respondents . 1, 2.4and5. O R D ER (Passed on 10th Doy of Jonuary, 2007) The following order- of the Court was passed by Sotish K. Agnihotri, J. 1. The petitioner- has fiied this petition under Article 226 of the Constitution of India impu9nin9 -rtie appointment order dsted 27.4.2006 (Annexure P-8), whereby the respondent No. 6 WQS appointed. 2. TTie facts of the case 1n nutshell are that in the selection held in April, 2006 for appintment on the post of Shiksha Karmi Srade III (Urdu), the petitioner and respondent hio. 6 aiong with others applied for cppo'mtment in the office of District Education Officer, Jarygir', District JanJ9ir- Champa (C. 6.). On due selection, respondent No. 6, who possesses the mlnimum required c|ualification i.e. Higher Secondary School Excroination Pass Certificate with Urdu subject was selected and appointed as Shiksha Karnii Grode III (Urdu). 3. The petitioner being unsuccessful in the selection, hos filed this writ petition chaitenging the appointment of respondent No. 6 on the ground t. that the petitioner has Hi9her Secondary School Examination Poss Certificate with Adib-A-Mdiir Certificate from Jamiya Urdu Aligarh and respondent No. 6 does not have Adib-A-Mahir Certificata from Jamiya Urdu Ali9arh. In Schedule II under Rule 2(c) and Rule 5 of the Shiksha Knrmis (Recruitment & Conditions of Service) Rules, 1997 (for short 'the Rules of 1997') the required qualification prescribed for Shiksha Karmi 6rade III (Urdu) is Higher Secondary School Certificate Examination with Urdu subject or Higher Secondary Certificate with Adib-A-AAahir certificate from Jomiya Urdu Aligarh. This is not required thot candidate should have a certificate of Adib-A-AAahir certificate from Jamiya Urdu Ali9arh in all the cases. The requirement is that a candidate should hwe obtained Hi9her Secondary School Examination Pass Certificate in Urdu subject. 4. The petitioner as wetl as respondent No.6 both possess the re<|uired qualification as prescribed under Schedule II of the Rules of 1997. The appointment of respondent No.6 is not chailen9ed on cuiy other ground. Thus, it does not worrant ony interference in the order of appointment passed in favour of respondent No.6. The petitioner has not disclosed that he has acquired any right. There is no semblance of ony right, which has aliegedty been breached. 5. Thus,thiswrit petitionstandsdismissed summarily. No order (K to costs. Sd/- Satish K. Agnihotri Judge Subhash