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Judgment
By this petition for writ, a challenge is given to Rule 16 of
the Rajasthan Madarsa Education Assistant Subordinate Service
Rules, 2013 to the extent that prescribes availability of Urdu as
one of the subject in VIII standard or above as eligibility to be
considered for appointment as Madarsa Education Assistant.
It is submitted by learned counsel appearing on behalf of the
petitioners that there is no rational in keeping Urdu upto or at
higher level than VIII standard as an eligibility to be considered
for appointment. Learned counsel submits that the work,
pertaining to the post of Madarsa Education Assistant, is required
to be discharged in Devnagri Script, and as such the knowledge of
Hindi is sufficient to hold the post concerned.
We do not find any merit in the argument advanced.
At the threshold, we would like to state that it is for the
employer to see what eligibility is required to hold a specific post.
In such an academic issue, Courts are not required to interfere
until the eligibility prescribed is manifestly irrational or unjust. In
the case in hand, candidature is required to be considered for
appointment with minority institutions, where Urdu is taught as a
compulsory subject.
It is also pertinent to mention that in a writ petition for
similar nature and affidavit sworn in by Shri Shamim Khan,
District Minority Welfare Officer, Jodhpur, was taken into
consideration bear the definite statements given the official
language of Madarsa though in Hindi, but to manage Madarsas,
Urdu is used, as such knowledge of Urdu cannot be said to be an
eligibility irrational.
Having considered all these facts and also taking into
consideration the fact that the similar controversy has already
been settled by this Court in D.B. Civil Writ Petition
No.11203/2013 (Sooja Khan & Ors. Vs. State of Rajasthan &
Ors.), we don''t find any merit in this writ petition. Hence, the
same is dismissed.