- (1.) THE petitioner is a Member of "Subordinate Staff" with United India Insurance Company Limited. As per the "Applicable promotion policy for Supervisory, Clerical & Subordinate Staff, 2008" (hereinafter referred to as the Policy of 2008), a member of subordinate staff is having an avenue for promotion to the cadre of Assistant. The promotion in the cadre aforesaid is required to be made on basis of ranking by taking into consideration several factors including academic qualification. The determination of the marks pertaining to academic qualification is to be made by awarding '0' marks, if the qualification possessed is below 10th standard, '5' marks for the qualification of Secondary School Certificate Examination (10th standard), '7' marks for having the qualification of Higher Secondary School Certificate/ Intermediate (12th standard), '12' marks against Graduation and '15' marks against Post- Graduation or Double Graduation.
(2.) THE petitioner is having a qualification of Adeeb that he obtained from Jamia Urdu, Aligarh in the year 2009. The respondents while considering his candidature for promotion against the vacancies of the year 2009-2010 awarded him '5' marks against the qualification of Adeeb. Despite grant of marks, promotion was not accorded to the petitioner as he was not coming in the rank as per seniority. While considering case of the petitioner for promotion against the vacancies of the year 2011, no marks were awarded to him against the qualification of Adeeb, thus, he submitted a representation to the respondents to award him '5' marks for having a qualification of Adeeb and further to promote him. On getting no positive response, he preferred this petition for writ. The submission of learned counsel for the petitioner is that the respondents by treating the qualification of Adeeb as equivalent to Secondary School Certificate Examination awarded '5' marks to the petitioner in the earlier years, but for no reason denied the same while considering his candidature for promotion in the year 2011. As per the petitioner, the qualification of Adeeb is a qualification equivalent to the Secondary School Examination Certificate, thus, he is entitled for getting 5 marks. A reply to the writ petition has been filed on behalf of respondent Insurance Company with assertion that in earlier years '5' marks were awarded to the petitioner against the qualification possessed by him, but the Board of Secondary Education, Rajasthan, Ajmer vide its letter dated 1/5.7.2011 clarified that the qualification of Adeeb is not prescribed by a valid institution, therefore, that cannot be treated as a qualification equivalent to Secondary School Examination Certificate granted by the Board. The decision of the Board of Secondary Education, Rajasthan is based upon a Division Bench Judgment of Rajasthan High Court in the State of Rajasthan Vs. Firdos Taranuum (D.B.S.A.W. No.534/2005) decided on 20.1.2006.
(3.) A rejoinder is filed by the petitioner to the reply given by the respondents stating therein that de-recognisation under the order dated 5.7.2011 is prospective and therefore, that cannot be made applicable for the petitioner. Heard learned counsel for the parties. The qualification of Adeeb is granted by Jamia Urdu, Aligarh. A Division Bench of this Court vide judgment dated 20.1.2006 held that the institution aforesaid was not established as per law and, therefore, the degrees or certificates issued by it are not valid. The Board of Secondary Education, Rajasthan in compliance of the decision aforesaid cancelled the recognisation granted to the certificates and degrees issued by Jamia Urdu, Aligarh. Suffice to mention that under the order dated 5.7.2011, the Board cancelled the recognisation and not simply withdrew the same. The cancellation of recognisation is having effect as if no recognisation was ever given. The argument of learned counsel for the petitioner that the withdrawal could be only prospective, thus, is having no merit.;