The employer and subject experts are the best judge of equivalence of qualifications for recruitment, and matters of education must be left to educationists, subject to being governed by relevant statutes and regulations.

JUDGMENT

Anil Kshetarpal, J. - By this order, 7 writ petitions bearing CWP No.5631, 7101, 9487, 14758, 16408, 19671 and 19969 of 2017, and two contempt petitions bearing CM-13561-CII-2018 in COCP-1170-2018, COCP-304-2019, shall stand disposed of. Learned counsel for the parties are ad idem that these writ as well as contempt petitions can conveniently be disposed of by a common order.

2. Once again, the question of equivalence of qualifications for the purpose of appointment is before the Court. These 7 writ petitions have been filed claiming that their qualifications are equivalent to M.Sc. Home Science and therefore, they are entitled to be considered for appointment to the post of Post Graduate Teachers (Home Science) in the State of Haryana.

3. On 28.06.2015, the Haryana Staff Selection Commission issued a recruitment notice inviting the applications for filling up 193 posts of Post Graduate Teachers (Home Science) (Group-B Service) in the State of Haryana and 5 posts in District Mewat. The essential qualifications as per recruitment notice are as under:-

"Cat. No.9 193 posts (included 16 post of Backlog of SC) of PGT Home

E.Q. M.Sc. Home Science with at least 50% marks and B.Ed. from recognized University."

4. For the 5 posts in a separate Cadre for District Mewat, the minimum qualifications required, were the same. The result of the recruitment examination was declared on 03.03.2017.

5. None of the petitioners possess the degree of M.Sc. Home Science. Most of the petitioners possess degrees in M.Sc. Food and Nutrition whereas Sonia Lakhra possess a degree in M.Sc. (Extension Education), Suman Lata and Banita possess a degree in M.Sc. (Dietetics and Food Service Management), Manju Kumari and Pushta Rani possess a degree in M.Sc. in Food Science and Technology whereas Tanuja possess a degree in M.Sc. Food Technology.

6. The petitioners have called upon this Court to declare that their qualifications are equivalent to M.Sc. Home Science.

7. The services of Post Graduate Teachers in the State of Haryana are governed by the Haryana School Education (Group-C) State Cadre Service Rules, 2012. As per the Rules, the minimum qualification for the post of Post Graduate Teachers (Home Science) were advertized.

8. All the writ petitions are being contested by the respondents. It has been pleaded that the qualifications of the petitioners are not equivalent. Further, it has been pleaded that the advertisement does not recognize any other equivalent qualification and therefore, the Court should not carry out that exercise.

9. Heard learned counsels for the parties and with their able assistance perused the paper books.

10. Learned counsel for the petitioners contend that in the year 2012, the posts with the same qualification were advertised and M.Sc. Food and Nutrition was considered as an equivalent qualification and certain candidates were selected and appointed. It is further contended, while drawing the attention of the Court to Annexure P-14 in CWP No.19969 of 2017, that Chaudhary Devi Lal University, Sirsa, has opined that the qualifications are equivalent. It is further contended that one Smt. Pushpa Rani with a similar qualification, has been appointed in the Mewat Cadre.

11. Sh. Chetan Mittal, Sr. Advocate representing Miss Swati Sharma, contends that the Expert Committee constituted by the respondents have given a report in her favour. He further contends that various institution like Kurukshetra University, University Grant Commission etc. do recognize that both the qualifications are equivalent. The remaining counsels have adopted the arguments of Mr. R.K. Malik, and Mr. Chetan Mittal, Sr. Advocates.

12. On the other hand, Sh. Samarth Sagar, Addl. A.G. Haryana, has contended that in the exercise of its power of judicial review, the high court is not expected to go into the question of equivalence of qualifications. He submits that the question of equivalence of qualification for recruitment is a matter which should be left to the emplo