D.B.CIVIL SPECIAL APPEAL No. 201/2007 Prem Sukh Dukiya V. State of Rajasthan & ors. Date of order : 18.04.2007 HON'BLE THE CHIEF JUSTICE SHRI S.N.JHA HON'BLE SHRI JUSTICE GOVIND MATHUR Shri Ranjeet Joshi for the appellant This special appeal is directed against the order of the learned Single Judge dismissing the writ petition of the appellant. The appellant had filed the writ petition challenging the order of the Additional Director (Admn.), Medical & Health Services, Government of Rajasthan dated 20.9.2003 cancelling his appointment on the post of Nurse Gr.II on the ground that his educational qualification, namely, Intermediate qualification was not recognised by the Board of Secondary Education, Rajasthan, Ajmer. The appellant admittedly passed Senior Secondary examination with Arts subjects from the Board of Secondary Education, Rajasthan, Ajmer in 1993. He claims to have passed Intermediate examination - equivalent to Senior Secondary Examination - from Bihar Intermediate Education with science subjects in 1995. When this fact came to the notice of this Court in course of hearing on 14.3.2007, the Court passed the following order : “ Before proceeding further, the Court would like to satisfy itself the circumstances in which - 2 - the appellant obtained the intermediate certificate from the Bihar Intermediate Education Council. The Court would also like to know whether the appellant studied course as a regular student and the particulars of the Institutions etc., and whether he had disclosed this fact that he already had passed Senior Secondary Examination equivalent to Intermediate Examination, and whether this was permissible under the rules.” In the light of the said order the appellant has filed additional affidavit in which it has been stated : “after passing the Senior Secondary in Arts I wanted to again studying in11th and 12 classes in Science subject but I was informed by the school authorities of Bangar Senior Secondary School, Didwana that I cannot take admission again the science subject from the Board of Secondary Education, Rajasthan because I have already passed the senior Secondary with Arts subject. Thereafter one student of my village Suvadiya went to Patana, therefore I also went to Patana because Bihar Intermediate Education Council allowed him to take admission in 11th class again in the science subject. Therefore, I have taken admission in Ambika Madhuri Intermediate College, Raja Bazar, Patana in the month of July, 1993 and I studied there for two years and I have appeared and passed the Intermediate Examination (12th Class) in Science in the year 1995 from the Bihar Intermediate Education Council as a regular student.” The affidavit is silent on the point whether the fact that the appellant had already passed the Senior Secondary Examination which is equivalent to Intermediate course/examination from the Board of - 3 - Secondary Education, Rajasthan, Ajmer was disclosed to the authorities at the time of appellant's alleged admission in Ambika Madhuri Intermediate College, Raja Bazar, Patna for the Intermediate Course. We would observe that even if the appellant had asserted that disclosure to this effect had been made, the appellant was required to satisfy the Court that admission was permissible under the rules. In other words, the appellant is required to establish that a person who has already passed the Secondary/Senior Secondary level examination from any Board can again study equivalent course and appear at the examination conducted by another Board. In other words, can a person do Matriculation or Secondary/Senior Secondary course twice over? The thrust of the submission of the counsel for the appellant was that de-recognition of the qualification took place with effect from 1996 whereas the appellant had passed the examination and obtained the qualification in 1995. The submission overlooks the communication of the Secretary, Board of Secondary Education, Rajasthan, Ajmer dated 8.12.2004 (Annexure R-1) to the effect that the examinations conducted by the Bihar Intermediate Education Council, Patna are not recognised by the Board of Secondary Education, Rajasthan. If that was the position in 1994, it is not understandable as to how the qualification allegedly obtained by the - 4 - appellant in 1995 can have any value. It is indeed strange that after passing the Senior Secondary Examination from Rajasthan the appellant took admission for equivalent course in Bihar and after allegedly completing the course obtained Diploma in Nursing from Karnataka Nursing Examination Board, Bangalore. The circumstances are suggestive of some under hand practice and the certificate of the Bihar Intermediate Education Council does not inspire much confidence. Appointment of the appellant was cancelled within three days of issuance of the appointment order as soon as the mistake came to notice, and the appellant was not allowed to join. The learned Single Judge has considered the relevant aspect of the case and declined to interfere with the impugned order; the order does not require any interference by the Division Bench. The appeal is dismissed. (GOVIND MATHUR)J. (S.N.JHA), C.J. mathur/