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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.