Mohammad Rafiq, J. - (1.) THIS writ petition has been filed by the petitioner being aggrieved by wrongful rejection of his nomination for contesting election of the Municipal Council, Jobner Wart No. 1 to 15.
(2.) BRIEF facts of the case are that Respondent No. 2 issued a public notice of election under Rule 11 of the Rajasthan Municipalities (Election) Rules, 1994(for short 'the Rules of 1994') for election to the Municipal Council, Jobner, Ward No. 1 to 15. As per the said notification, last date of submission of nomination forms was 05.08.2015 and 06.08.2015 was fixed for scrutiny of nomination forms and the election poll is scheduled to held on 17.08.2015. The petitioner, as per Rule 12 of the Rules of 1994 and in the requisite form, submitted his candidature before Respondent No. 3 on 05.08.2015 along with his Prathma Certificate issued by Hindi Sahitya Sammelan Allahabad (Hindi University). However, Respondent No. 3, on 06.08.2015, illegally and arbitrarily rejected nomination form of the petitioner. Hence, this writ petition has been filed by the petitioner. Learned counsel for the petitioner has submitted that Prathma Certificate of the petitioner is a recognised course and equivalent to matriculation as held by Delhi High Court in Yudhvir Singh v. Indian Oil Corporation(W.P. No. 7523/2010); Oriental Bank of Commerce v. Subhash Chand(LPA No. 646/2005) and by this Court in Sandhya Bhatnagar(Miss) v. State of Rajasthan & Others, : 2003(4) WLC 295. It is argued that a notification has also been issued recognising Prathma equivalent to matriculation qualification. Nomination of the petitioner has been rejected on the ground that Prathma is not recognised in the list issued by Respondent No. 2. As a matter of fact, said list is arbitrary and wrong because it shows the list of courses and their equivalence to the degree. The bone of contention in the present case is that Prathma certificate issued by Hindi Sahitya Sammelan Allahabad(Hindi University) was given requisite recognition by the Government of India from time to time treating it to be equivalent to matriculation qualification. Hence, rejection of nomination of the petitioner on the basis of an arbitrary list is totally unreasonable and unjust. If it is presumed that Prathma Certificate of the petitioner is not recognised, even then as per the guidelines contained in the letter dated 27.07.2015, the petitioner is eligible for participation in the Election of Nagarpalika, 2015. As per Circular No. F.24 -4/2001 -TS.III, on the recommendations of High Level Committee for recognition of Educational Qualifications, the Government of India has decided to recognise the Prathma Examination being conducted by Hindi Sahitya Sammelen, Allahabad for the purpose of employment under the Central Government for the post for which the desired qualification is matriculation.
(3.) I have given my anxious consideration to submissions made by learned counsel for the petitioner and perused the material on record.;