Alok Sharma, J. - (1.) THE facts of the case are that the petitioners are holders of certificate of Adeeb issued in the year 2008 and Adeeb -e -mahir issued in the year 2010 by the Jamia Urdu Aligarh. It has been submitted that qualification of Adeeb is equivalent to Secondary Examination and Adeeb -e -Mahir as equivalent to Senior Secondary examination conducted by the Board of Secondary Education Ajmer Rajasthan (hereinafter 'the Board'). Albeit no equivalence/eligibility certificate relating to the petitioners has been issued by the Board, the petitioners have placed on record annexure -5 and 6, wherein purported eligibility certificate have been issued by the Board to others on the basis of Adeeb qualification in the year 2010 from Jamia Urdu Aligarh. The petitioners have submitted that annexure -5 and 6 illustratively establish that the course of Adeeb from Jamia Urdu Aligarh is equivalent to secondary school examination conducted by the Board. And so is the Adeeb -e -Mahir from Jamia Urdu Aligarh equivalent to the Senior Secondary School Examination of the Board, submitted the petitioners' counsel.
(2.) IT has been then submitted that pursuance to the advertisement e dated 19 -6 -2013 issued by Additional Director (Training) Medical & Health Services Jaipur for the ANM course, the petitioners applied for admission thereto. And on consideration of petitioners certificates of Adeeb and Adeeb -e -Mahir issued from Jamia Urdu Aligarh, treating the said courses equivalent to Secondary and Senior Secondary examination of the Board, they were admitted to ANM course on their merit in the Women Health Trailing Centre Dausa, Jaisalmer and Nokha respectively, paid the requisite fee and studied for the duration of Ist year completing the prescribed curriculum with attendance. However, subsequently the Additional Director (Trailing) Medical and Health Services issued letter dated 12 -9 -2014 to Chief Medical and Health Officers with respect to the purported invalidity of the certification of petitioners of Adeeb and Adeeb -e -Mahir from Jamia Urdu Aligarh as it was allegedly not equivalent to Secondary and Senior Secondary examination conducted by the Board as by virtue of order 5 -7 -2011 passed by the Board recognition of Adeeb and Adeeb -e -Mahir courses from Jamia Urdu Aligarh as equivalent with Secondary and Senior Secondary examinations of the Board had been cancelled and no candidate having such certification could continue in the ANM course. It has been submitted that consequently despite the petitioners having admitted to ANM course, studied for one after depositing required fee and participating in the course, they have been denied from writing the examination ANM Part -I commencing February, 2015. Aside of impugning the order dated 12 -9 -2014, the petitioners have submitted that the petitioners' certificate of Adeeb and Adeeb -e -Mahir issued from Jamia Urdu Aligarh, in view of the purported de -recognition by the Board's order dated 5 -7 -2011 cannot retrospectively render the petitioners ineligible subsequent to their admission in the ANM course on a certification prior thereof i.e. of 2010. It is submitted that even otherwise the respondents are estopped from preventing the petitioners from writing examination ANM course as the petitioners have expanded time and money in prosecuting the said ANM course. Counsel for the petitioners has fairly admitted that the issue of validity or invalidity of certificates of Adeeb and Adeeb -e -Mahir from Jamia Urdu Aligarh has received different interpretation by the court. Consequently this court in S.B. Civil writ petition No. 3248/2013 vide order dated 27 -4 -2013 referred the matter to the Division Bench. And on the matter (writ petition No. 3248/2013) coming up before the Division Bench, vide order dated 1 -10 -2013 it has referred it to the Larger Bench. It has been submitted that in this view of the matter, during pendency of an authoritative pronouncement on eligibility/equivalence of Adeeb and Adeeb -e -Mahir issued from Jamia Urdu Aligarh with Secondary and Senior Secondary examination of the Board, the petitioners who were admitted in ANM course cannot be discontinued and prevented from writing examination of ANM training course commencing February, 2015.
(3.) LEARNED counsel for the Board Dr. Saugath Roy, has submitted that the issue sought to be agitated in the present writ petition has been recently decided by this court in Snehlata v. State of Rajasthan & others, S.B.C. writ petition No. 13731/2014 vide order dated 27 -1 -2015. For its decision this court relied on the judgment in case of State of Rajasthan v. Firdos Tarannum [ : 2006 (2) CDR 1368 (Raj.)(DB)], Sunita Singh & Others v. Board of Secondary Education, Rajasthan Ajmer (S.B. Civil Writ Petition No. 8864/2011) decided on 22 -9 -2011 as upheld by the Division Bench in D.B. Civil Special Appeal (Writ) No. 1942/2011 (Deepak Kumar Meena v. Board of Secondary Education Rajasthan Ajmer) decided on 20 -4 -2012.;