- (1.) SINCE the legal issues involved and the relief sought for in the aforesaid writ petitions are the same, they have been heard together and are being disposed of by this common order.
(2.) THE relief sought for in writ petition No.3238/2012 (which is taken as the lead case) by the petitioners is as under : (i) issue a writ order or direction in the nature thereof thereby held that action of respondent Board of Secondary Education Rajasthan, Ajmer in rejecting the examination forms of the petitioners is illegal, arbitrary and malafide since the Board after judging the eligibility of the petitioners had allotted them Roll numbers for the examination of 12th class and conducted their practicals; (ii) issue a writ order or direction in the nature thereof thereby direct the respondent Board of Secondary Education Rajasthan, Ajmer to permit the petitioners to appear in the examination of Senior Secondary which are scheduled from 15th March, 2012; On this matter i.e. SBCWP No.3238/2012 coming up before this Court on 13.03.2012, this Court had directed that "taking note of the submissions made by counsel for the parties and taking note of the fact that the ensuing examinations of Senior Secondary School, 2012 are commencing from 15.03.2012, if the petitioners, in these facts and circumstances, are not permitted, that may cause prejudice to them and accordingly, this Court considers it appropriate to direct the respondents to allow the petitioners, who holds the certificate of adeeb issued by Jamia Urdu, Aligarh prior to 22.06.2011 to appear in the Senior Secondary School Examination-2012 which will be on provisional basis and will not confer any right and the result of their participation may be kept in sealed cover and shall not be declared till disposal of the writ petition." Heard counsel for the petitioners in all the matters as also the respondents and perused the writ petitions. A perusal of the writ petitions indicates that the controversy involved in the matters before this Court is largely covered by the judgment of this Court in SBCWP Nos.13585/2011 titled as Sharita Choudhary and Ors. Vs. Principal "Secretary and Ors. and twelve other connected matters, decided on 26.09.2011. The facts of the case are that the "Adeeb" examination conducted by the Jamia Urdu, Aligarh was earlier recognized by Board of Secondary Education, Rajasthan (hereinafter 'the Board') and eligibility certificates were granted by the Board on the basis of the certificates issued by the Jamia Urdu, Aligarh evidencing passing of the Adeeb examination. Based on the equivalence conferred by the Board and eligibility certificates issued, the students writing the Adeeb examination conducted by Jamia Urdu, Aligarh were entitled to be admitted in class XI for the purpose of ultimately writing the class XII examination conducted by the Board. It however appears that vide order dated 22.06.2011, the Board withdrew the recognition of courses conducted by Jamia Urdu, Aligarh including that of Adeeb examination.
(3.) THE question to be determined therefore is as to whether the students who wrote the Adeeb examinations conducted by Jamia Urdu, Aligarh prior to 22.06.2011 are entitled for the purpose of recognition and grant of eligibility certificate by the Board. It has been held by this Court in SBCWP NO.13585/2011 and twelve other connected matters, that successful students of Adeeb examination conducted by the Jamia Urdu, Aligarh, result whereof were declared before 22.06.2011, were entitled to recognition of the said examination for the purpose of equivalence with class X examination conducted by the Board and consequently to the issuance of eligibility certificate � with the caveat that the certificates of Adeeb examinations before 22.06.2011 are genuine. On the question of the authenticity of the certificates of Adeeb examination conducted by the Jamia Urdu, Aligarh prior to 22.06.2011, this Court has taken a view that it is for the Board, when an application is made for grant of eligibility certificate, to verify with rigor the authenticity of certificates of Adeeb Examination issued by Jamia Urdu, Aligarh before 22.06.2011 and only on its firm satisfaction that the said certificate has been issued by the Jamia Urdu, bona fide after a regular course of study prior to 22.06.2011, on the basis of the regular admission of the candidates and examinations lawfully conducted, only then the Board would be under an obligation to issue an eligibility certificate. Thereafter only on the issue of an eligibility certificate to the students whose certificates have been found genuine, such students would be entitled to be admitted in class XI in the schools affiliated to Board in preparation for promotion to class XII and to write the Senior Secondary Examination conducted by the Board. Consequently, considering all the facts and circumstances of the cases, I am of the considered view that the ends of justice would be met, in case the respondent-Board is directed to consider and decide the cases of the petitioners with regard to their right to an eligibility certificate on the basis of the Adeeb examination conducted by the Jamia Urdu, Aligarh and written by them prior to 22.06.2011. For the purpose of consideration, each of the petitioners is directed to file a separate affidavit in support of his application (also to be filed) inter alia detailing the date of admission to college where he pursued the Adeeb course conducted by Jamia Urdu Aligarh, address of the college, the period of the course, the subjects, name of lecturers, the time-table for classes, the date of examination, the centre of examination, date and mode of payment of requisite fees for admission and examination along with all relevant documents as may be required by the Board. The verification process on the applications filed by the student/s, be conducted by the Board within two months from the receipt of the application and presentation of a certified copy of this order. In respect of students whose Adeeb certificates are verified to the satisfaction of the Board, eligibility certificates be issued. ;