IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 18061 of 2006 Between: Khaja Nayeemuddin S/o. Khaja Basheruddin R/o. H.No. 5-9-8, Manyam Chalka, Nalgonda, District Nalgonda. ..... PETITIONER AND 1 The Principal Secretary to Government, Education (SE- Exams) Department, 2 Chairman, DIET CET 2006 & Director of School Education, A.P. Hyderabad. 3 Dr. J. Vidyasagar, Convenor, DIET CET 2006 O/o. The Director of School Education, Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a writ, order or direction in the nature of Mandamus declaring the action of the Respondents Nos. 2 and 3 rejecting the application of the petitioner at the verge of counseling upon his application dt. 5- 8-2006 on 7-8-206 on the ground of ineligibility, as illegal, void and against the principles of natural justice and consequentially directing the Respondents Nos. 2 and 3 to permit the petitioner to appear for the counseling scheduled to beheld on 2-9-2006 and be pleased to pass such other order or orders as this Hon'ble Court deems ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: MR.BALRAJ BHODANKAR Counsel for the Respondents.: GP FOR SCHOOL EDUCATION The Court made the following : ORDER: This writ petition has been ﬁled by Khaja Nayeemuddin with a prayer to issue a writ, order or direction, more particularly, one in the nature of writ of Mandamus declaring the action of the respondents 2 and 3 in rejecting his application at the verge of counseling on the ground of ineligibility as illegal and void. 2. The petitioner passed Urdu Aalim course and also Fazil course conducted by Idra-e-Adbiyat-e-Urdu in the month of October, 1998. He appeared for DIET Common Entrance Test, 2006 and secured 2065 rank in Osmania University area. He belongs to BC ‘B’ category. He submitted application for admission into D.Ed. Course. His application came to be rejected on the ground of ineligibility stating that ‘Urdu Aalim course is not equivalent to S.S.C. or 10+2. 3. Rule nisi came to be issued on 13.09.2006. An interim order came to be passed on the said date in W.P.M.P.No.22669 and 22668 of 2006. The interim order reads as hereunder: “The Government has issued proceedings in Memo.No.104711/SE.Ser.VII/2006, dated 11.7.2006 on the reference made by the Director of School Education, clarifying that Urdu Fazil Certiﬁcate issued by IDARA-E-ABADIYATE-URDU is equivalent to Intermediate Education. In that view of the matter, there shall be a direction to the respondents to consider the case of the petitioner for allotment of seat in Diploma in Education (D.Ed.,) treating him as eligible candidate in the existing vacancies. However, it is made clear that such consideration shall be as per the rank secured by the petitioner. Notice.” 4. The respondents ﬁled counter-aﬃdavit. Dr.J.Vidyasagar, Convenor, DIET CET, 2006 and Regional Joint Director of School Education, has sworn to the counter-aﬃdavit. It is stated in the counter-aﬃdavit that Urdu Aalim course is not equivalent to that of SSC public examination of Andhra Pradesh since two major subjects, which are compulsory at SSC level i.e. Mathematics and General Science are missing in Urdu Aalim course and therefore, the petitioner is not eligible to seek admission in D.Ed. course. 5. Heard learned counsel appearing for the petitioner and learned Government Pleader for School Education appearing for respondents. 6. Learned counsel appearing for the petitioner submits that the Government of Andhra Pradesh, Education (SE.SER.VII) Department, issued Memo.No.104711/SE.Ser.VII/2006, dated 11.07.2006, whereunder it is stated that URDU Fazil Certiﬁcate issued by IDARA-E-ABADIYATE-URDU, is equivalent to Intermediate Education and therefore, the action of the respondents in rejecting the application of the petitioner for admission into D.Ed. course is not justified. 7. Learned Government Pleader for School Education appearing for the respondents submits that the candidate seeking admission into D.Ed. course must have studied the two optional subjects i.e. Mathematics and General Science and since Urdu Aalim course does not indicate of inclusion of Mathematics and General Science, the petitioner is not eligible for admission into D.Ed. course. 8. I have gone through the instruction booklet for DIET common entrance test, 2006. The educational qualiﬁcation for admission into D.Ed. course read as hereunder: “Educational Qualifications: i) The Candidate who passed the Intermediate Examination or its equivalent. ii) The candidate should have secured 45 percent of marks in aggregate in qualifying examination. The minimum percentage of marks in the case of Scheduled caste, Scheduled Tribe and Physically Challenged candidates shall however be 40 percent.” It is explicit from the above referred clause in the instruction booklet for DIET common entrance test, 2006 that requisite educational qualiﬁcation for admission is Intermediate or its equivalent. It is evident from the Memo. issued by the Government of Andhra Pradesh, Education (SE.SER.VII) Department, vide Memo.No.104711/SE.Ser.VII/2006, dated 11.07.2006, the Urdu Fazil Certiﬁcate issued by IDARA-E- ABADIYATE-URDU is equivalent to Intermediate Education. 9. Such is the situation, the action of the respondents in rejecting the application of the petitioner for admission into D.Ed. course cannot be justified. 10. Accordingly, the writ petition is allowed. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:06th August, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}