APHC010501652013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 2026 of 2013 Bench Sr.No:-36 [3443] Habeebur Rehman ...Appellant Vs. Government of Andhra Pradesh and others ...Respondents ********** Advocate for Appellant : Mr. K. S. Murthy, Sr. Counsel Advocates for Respondents : Mr. B. Ramesh, Standing Counsel for Board of Intermediate Education Mr. Devasri Roshan Kancharla CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE NINALA JAYASURYA DATE : 15th December 2025 P C : The present Writ Appeal, under Clause 15 of the Letters Patent, has been preferred against the judgment and order, dated 15.04.2010, passed in W.P.No.3366 of 2010. 2. The petitioner was aggrieved of the communication, dated 09.05.2009, issued by the Board of Intermediate Education, Andhra Pradesh, whereby it informed the Assistant General Manager, BSNL, the fact that the Urdu Fazil Examination conducted by Idare-e-Adabiyat-e-Urdu, Hyderabad, was not considered equivalent to that of two year intermediate course of the Board of Intermediate Education, A.P., as per the norms of the Board. 2 HCJ & NJSJ W.A.No.2026 of 2013 3. The issue arose in the backdrop of the right of consideration which the petitioner was seeking for departmental promotion. Being aggrieved by the said communication, the petitioner challenged the same by way of W.P.No.3366 of 2010, which came to be dismissed by virtue of the judgment and order impugned and, hence, the present Writ Appeal. 4. The learned single Judge dismissed the petition primarily on the ground that the Board of Intermediate Education had taken a decision in its 58th Board Meeting held on 15.09.2005 not to consider the certificates issued by the institutions which were not recognized under law. On a reading of the minutes of the 58th Board Meeting held on 15.09.2005, it can be seen that what was resolved was as under: <Item No.7: ERTW-III – Issue of equivalency to the examination conducted by Private Organizations and Deemed Universities – Regarding. Resolved to approve the proposals as given in the agenda notes for not issuing equivalency to the examinations conducted by private organizations and deemed universities following the provisions laid down in the Intermediate Education Act.= 5. It is, in that background, that the learned single Judge proceeded to hold that the equivalence could not have been considered in respect of examinations conducted by private organizations which were neither established nor controlled by the Government. 6. Mr. K. S. Murthy, learned Senior Counsel appearing for the appellant, would however submit that the learned single Judge had failed to 3 HCJ & NJSJ W.A.No.2026 of 2013 notice the fact that the Board of Intermediate Education had itself taken a decision earlier on 27.02.2004 that Urdu Fazil certificate issued by Idare-e- Adabiyat-e-Urdu, Hyderabad, would be considered as equivalent to that of two year intermediate course of A.P. for that year. What was recorded and communicated by the Secretary of the Board in the communication, dated 27.02.2004, is reproduced hereunder: <This is to inform you that the Urdu Fazil Certificates issued by Idare- e-Adabiyat-e-Urdu, Panjagutta, Hyderabad, are considered as equivalent to that of 2 year Intermediate course of A.P. for this year as per the orders conveyed by the Government vide the reference 2nd cited.= 7. Not only this, the Government of A.P., through Secretary to Government, in its Memo, dated 11.07.2006, drew the attention of the Director of School Education on the issue of clarification of the certificate issued by the Idare-e-Adabiyat-e-Urdu, Hyderabad, and clarified that the certificate issued by the said institution would be considered as equivalent to Intermediate Education for the period from 1999-2000 to 2004-2005 only. 8. Admittedly, the petitioner had in his possession the said certificate having completed the course in the year, 2004, and therefore could not have been denied the benefit of equivalence. 9. Notwithstanding the above, we may add that in the communication, dated 09.05.2009, when the Board of Intermediate Education of Andhra Pradesh informed the Assistant General Manager, BSNL, that the Urdu Fazil examination conducted by Idare-e-Adabiyat-e-Urdu, Hyderabad, 4 HCJ & NJSJ W.A.No.2026 of 2013 was not equivalent to that of two year Intermediate course as per norms of the Board, was justified in view of the communication, dated 11.07.2006, in cases only which were not otherwise covered by the decision of the Board vide communication, dated 27.02.2004. 10. 10. In our opinion, the view expressed by the learned single Judge is unsustainable inasmuch as the petitioner’s case fell squarely within the ambit of the communication, dated 27.02.2004. 11. Be that as it may, the present Writ Appeal is allowed and the judgment and order impugned is set aside. The petitioner is entitled to the benefit of certificate issued by the Idare-e-Adabiyat-e-Urdu. The petitioner would be entitled to be considered for promotion on the basis of the certificate so issued. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed. DHIRAJ SINGH THAKUR, CJ NINALA JAYASURYA, J kbs 5 HCJ & NJSJ W.A.No.2026 of 2013 84 HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE NINALA JAYASURYA W.A.No.2026 of 2013 Dt: 15.12.2025 kbs