IMPORTANT POINT
Diploma in Art & Craft from Kurukshetra University is an equivalent qualification to Diploma in Art & Craft secured from Haryana Industrial Training Department.

JUDGMENT :

SANJAY KUMAR, J.

1. A recruitment process initiated in the year 2006 is still hanging fire. The Punjab and Haryana High Court allowed CWP No. 20630 of 2006 relating thereto, titled Suman Lata and Others vs. State of Haryana and Others, by order dated 22.02.2007. However, by judgment dated 24.11.2021, this Court allowed Civil Appeal No. 7031 of 2021, titled Devender Bhaskar and Others vs. State of Haryana and Others and set aside the aforestated order dated 22.02.2007. This Court held that equivalence of qualifications is a matter for the State, as the recruiting authority, to determine. This observation was made in the context of the High Court’s finding that the Diploma in Art and Craft of Kurukshetra University was equivalent to the Diploma in Art and Craft of Haryana Industrial Training Department.

2. Review of the above judgment dated 24.11.2021 is sought by way of the present petitions. The review petitioners, 404 in all, secured Diplomas in Art and Craft from Kurukshetra University and are aggrieved by the finding of non-equivalence of their qualification with the Diploma in Art and Craft of the Haryana Industrial Training Department. The petitions for review are granted and the matter reheard at length.

3. Advertisement No. 6/2006 was issued on 20.07.2006 by the Haryana Staff Selection Commission for filling up 816 posts of Art and Craft Teachers in the State of Haryana. The eligibility criteria prescribed therefor included, inter-alia, a 2-year Diploma in Art and Craft conducted by the Haryana Industrial Training Department or an equivalent qualification, recognized by the Haryana Education Department. Controversy arose vis-a-vis this eligibility condition as the Director, School Education, Haryana, issued letter dated 12.12.2006 intimating that the Diploma in Art and Craft conducted by the Director, Industrial Training and Vocational Education, Haryana, was the only recognized course in the State of Haryana and that the Diploma in Art and Craft from Kurukshetra University and other Universities was not recognized for the purpose of appointment to the post of Art and Craft Teacher in the State of Haryana. It was this communication that was challenged before the Punjab and Haryana High Court in a batch of writ petitions, leading to the aforestated order dated 22.02.2007 holding that the 2-year Diploma in Art and Craft offered by the Kurukshetra University had already been recognized by the State of Haryana in 1999 and that the impugned communication dated 12.12.2006 did not disclose any policy decision to the contrary. However, as stated supra, this Court reversed the said verdict, vide the judgment dated 24.11.2021.

4. Be it noted that, aggrieved by the action of the authorities in not entertaining their applications on the ground that they had secured Diplomas from Kurukshetra University, a number of prospective candidates had filed writ petitions before the Punjab and Haryana High Court and interim orders were passed therein permitting such persons to provisionally participate in the selection conducted by the Haryana Staff Selection Commission. While so, the selection held pursuant to Advertisement No. 6/2006 was quashed by a learned Judge of the Punjab and Haryana High Court, vide judgment dated 20.02.2015 in CWP No. 18482 of 2020. The same stood confirmed in LPA No. 359 of 2015, when it was dismissed by a Division Bench on 10.10.2020. Special Leave Petition (C) No. 14481 of 2020 filed before this Court against these decisions was also dismissed on 14.12.2020. Pursuant thereto, a fresh selection was held, resulting in the selection list dated 14.11.2021, communicated by the Haryana Staff Selection Commission to the Director General, Elementary Education, Haryana, under letter dated 17.11.2021. This list indicated that 756 candidates stood selected and 64 candidates were waitlisted. In all, 820 candidates found place therein. Out of these 820 candidates, 613 of the selected candidates and 54 candidates in the