SBCWP NO.294/2001. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.294/2001. Irshad Khan & Anr. Vs. State of Rajasthan & Ors. Date of Order : 9/7/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sandeep Saxena for the petitioners. Shri Shiv Lal Meena, Deputy Government Counsel. **** BY THE COURT:- Learned counsel for the petitioners at the outset submitted that the controversy raised in this writ petition is squarely covered by the Division Bench's judgment of this Court in Khalid Ali Vs. State of Raj. & Anr. (D.B. Civil Writ Petition No.1011 of 1988) decided on 18/11/1988, subsequent Division Bench judgment of Principal Seat at Jodhpur in Tayyab Hussain Vs. State of Rajasthan & Ors. : D.B. Civil Review Petition No.22/2002 decided on 29/7/2002 and yet another Division Bench's judgment of this Court in D.B. Special Appeal No.920/1996 decided on 13/1/1997. Learned counsel for the petitioners submitted that the views expressed by the Division Benches of this Court as well as Principal Seat at Jodhpur were followed in bunch of writ petitions by co-ordinate Bench of this Court in SBCWP No.790/2001, 4589/2000 & 1065/2001 decided on 26/4/2001. He also relied on the judgment of co-ordinate Bench of this Court in Ms.Nishant Bano Vs. State of Raj. and ors. : 1997 WLC (U.C.) 269. It SBCWP NO.294/2001. 2 was argued that in all these cases, it was held that for appointment on the post of Urdu Teacher, Urdu subject at Secondary or Higher Seconary or Senior Higher Secondary level, the candidate cannot be insisted upon having qualification of Urdu language as optional subject. The petitioner in the instant case is held not eligible for appointment only because he did not have Urdu as optional subject either in Secondary or Higher Secondary. Petitioner has qualification of B.A. in Urdu and MA in Urdu and he is thus much more qualified. Respondents could not therefore deny him right of consideration for appointment on the post of Teacher Grade-III (Urdu) pursuant to advertisement dated 7/11/2000. 2) Respondents in their reply have contested the writ petition reiterating the same argument that if a candidate did not pass out Secondary, Higher Secondary or Senior Secondary Examination with Urdu as one of the optional subjects and that too from the Board of Secondary Education, Rajasthan, Ajmer, he cannot be treated eligible for appointment on the post of Teacher Grade-III. 3) In view of the authoritative pronouncements of this Court in number of decisions cited supra, the contention of the respondents is liable to be rejected. 4) This court while issuing notices, directed the respondents to consider the candidature of the petitioners provisionally with the further direction not to declare the result except with the permission of the court. SBCWP NO.294/2001. 3 5) The writ petition accordingly deserve to be allowed and is hereby allowed. 6) The respondents are directed to re-consider the candidature of the petitioner on the basis of his qualification held by him for the purpose of giving appointment on the post of Teacher Grade-III pursuant to the advertisement dated 7/11/2000, if any candidate lower in merit than him is found to have been appointed. The petitioners shall be entitled to only notional benefits from the date of such appointments, if it is found to have been given to such candidates lower in merit than the petitioners. Compliance of the judgment shall be made within a period of three months from the date, the copy of this judgment is produced before the respondents. (MOHAMMAD RAFIQ), J. anil