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SUPREME COURT OF INDIA
(From the High Court of Punjab & Haryana at Chandigarh)
S. ABDUL NAZEER, KRISHNA MURARI, JJ.
Devender Bhaskar & Ors. – Appellants
Versus
State Of Haryana & Ors. – Respondents
Civil Appeal No. 7031 of 2021 (Arising out of S.L.P.(Civil) No. 8670 of 2007)
Decided on : 24-11-2021
Service Law – Appointment – Educational qualification – Posts of Arts and Crafts teachers in State of Haryana – Art and Craft Course is a highly practical oriented course and appointee teachers have to train students in Art and Craft which is a practical subject – Diploma in Art and Craft is given by Industrial Training and Vocational Education Department, Haryana, to students who attend regular class room teaching – Most of subjects are practical subjects and their study is not possible through distance education – Kurukshetra University grants diploma in Art and Craft through distance education – Such Diploma cannot be equated with diploma given through regular class room studies – Kurukshetra University itself has clarified that diploma in Art and Craft started by it through correspondence is not meant for appointment to post of Arts and Crafts Teachers – None of documents produced by petitioners would indicate that diploma in Art and Craft awarded by Kurukshetra University is equivalent to two-year diploma in Art and Craft Examination conducted by Haryana Industrial Training Department – Documents do not claim that course in question has been recognized as equivalent to two-year Diploma in Art and Craft examination conducted by Haryana Industrial Training Department or an equivalent qualification recognized by Haryana Education Department – When experts in Education Department have held diploma in Art and Craft by Kurukshetra University is not equivalent to two-year diploma in Art and Craft awarded by Haryana Industrial Training Department, High Court was not justified in equalizing them – Equivalence is a technical academic matter – It cannot be implied or assumed – Judicial review can neither expand ambit of prescribed qualifications nor decide equivalence of prescribed qualifications with any other given qualification – Equivalence of qualification is a matter for State, as recruiting authority, to determine – Judgment and Order of High Court set aside and writ petitions dismissed. (Paras 13, 14, 18, 19, 20, 24, 25 and 27)
Facts of the case:
Dispute draws its genesis from the advertisement No.6/2006, dated 20.07.2006 which was issued by the Haryana State Staff Selection Commission inviting applications to fill up 816 posts of Arts and Crafts teachers in the State of Haryana. petitioners, on the basis of their qualifications, applied for the aforesaid post to the Commission. Their applications were not entertained by the Commission for the reason that they had passed their two-year diploma in Art and Craft from Kurukshetra University which is not recognized as equivalent qualification by the Haryana Education Department, which led to the filing of writ petitions in the High Court. Question for consideration is whether the diploma in Art and Craft by Kurukshetra University through distance education is recognized by Haryana Education Department as an equivalent qualification to the diploma in Art and Craft Examination conducted by the Haryana Industrial Training Department?
Findings of Court:
High Court has erred in holding that the diploma/degree in Art and Craft given by the Kurukshetra University is equivalent to two-year Diploma in Art and Craft examination conducted by the Haryana Industrial Training Department or diploma in Art and Craft conducted by Director, Industrial Training and Vocational Education, Haryana.
Result : Appeal allowed.
JUDGMENT :
S. ABDUL NAZEER, J.
1. Leave granted.
2. This appeal is directed against the order of the Division Bench of the High Court of Punjab and Haryana at Chandigarh challenging the order dated 22.02.2007 passed in CWP No. 20630 of 2006 in Suman Lata and Ors. vs. State of Haryana and Ors.
3. The appellants herein were impleaded as respondents before the High Court as the outcome of the result of the said writ petition was likely to affect their service career. Respondent nos. 1 to 3 herein, namely, The State of Haryana, Director, School Education, Haryana and Haryana Staff Selection Commission were arrayed as respondent nos. 1 to 3 in the writ petition. Most of the private respondents in this appeal were writ petitioners before the High Court and some of the respondents herein are interveners. For the sake of convenience, the parties are referred to in their respective ranking before the High Court.
4. The dispute draws its genesis from the advertisement No.6/2006, dated 20.07.2006 (Annexure-P8) which was issued by the Haryana State Staff Selection Commission (for short, ‘Commission’) inviting applications to fill up 816 posts of Arts and Crafts teachers in the State of Haryana. The eligibility criteria for the same amongst others was as under:
(ii) Two year Diploma in Art and Craft examination conducted by the Haryana Industrial Training Department or an equivalent qualification recognized by the Haryana Education Department.
(iii) Knowledge of Hindi upto Matric Standard.” (emphasis added)
5. The case of the petitioners is that they passed their matriculation with the subject of Arts and Crafts/Drawing or they have passed the subject of Arts and Crafts/Drawing in their matriculation as additional subject. All the petitioners passed their two-year diploma in Art and Craft from the Kurukshetra University. The petitioners, on the basis of their qualifications, applied for the aforesaid post to the Commission. Their applications were not entertained by the Commission for the reason that they had passed their two-year diploma in Art and Craft from Kurukshetra University which is not recognized as equivalent qualification by the Haryana Education Department, which led to the filing of the writ petitions in the High Court.
6. On 12.12.2006, the Director of School Education Haryana, Chandigarh, addressed a letter to all the District Education Officers/District Elementary Education Officers in which it was informed that diploma in Art and Craft conducted by the Director, Industrial Training and Vocational Education, Haryana, is the only recognized course in the State of Haryana. This letter further stated that the diploma/certificates in Art and Craft from the Kurukshetra University are not recognized for the purpose of appointment for Arts and Crafts Teacher in the State of Haryana. The petitioners have also challenged the validity of this letter in the writ petitions before the High Court.
7. Respondents no.1 to 3 filed objections opposing the writ petition. It was contended that the diploma in Art and Craft is given by the Industrial Training and Vocational Education Department, Haryana, to the students who attend regular class room teaching. Most of the subjects are practical subjects and their studies cannot be possible through distance education. The diploma granted by the Kurukshetra University in Art and Craft through distance education is not a teacher training course. Therefore, it cannot be equated with the diploma given through regular class room studies. Moreover, the said diploma is only for the purpose of self-employment and the same is not recognized for the purpose of teacher training course by the Education Department as well as by the Department of Industrial Training and Vocational Educati
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