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SANJEEV PRAKASH SHARMA, SUDEEPTI SHARMA
Dinesh Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Prakash Sharma, J.
These writ petitions were heard together as common question of law has been raised therein. The prayer made is also identical in all the cases. The respective counsel were heard at length.
2. Brief facts which are necessary for the disposal of these writ petitions are that the petitioners are those who have passed National Trade Certificate/ National Apprenticeship Certificate. They have cleared one year course in Craftsman Training for Instructor under Craft Instructor Training Scheme (hereinafter to be referred as "CITS"). They also possessed two years experience of working.
3. The bone of contention raised by the petitioners is with regard to the qualifications prescribed by the State of Haryana for appointment of Craft Instructor as laid down in the Industrial Training Department Haryana Field Offices (Group-C) Service Rules, 2013 (hereinafter to be referred as "Group-C Rules-2013").
4. An advertisement No. 10/2017 was issued by the Haryana Staff Selection Commission (for short, 'the Commission') for 1064 posts of Craft Instructor. The same was, however, cancelled due to relaxation of age of contractual employees. Some other advertisement nos.
Statutory recruitment rules under Article 309 of the Constitution prevail over executive instructions, allowing states to set qualifications independently.
The amendment to recruitment rules for vocational instructors is valid and consistent with central guidelines, asserting state competence to legislate on education within constitutional limits.
Point of Law : Appointment has to be made strictly as per terms of the advertisement and in case, the candidates who did not possess the qualification as mentioned in the advertisement were permitted....
The court affirmed the validity of prescribed qualifications for recruitment, emphasizing legislative authority and restricted judicial review in educational matters.
The AICTE has the authority to prescribe both qualifications and methods of appointment for teaching staff in technical institutions, as it relates to maintaining educational standards.
It is the legal or executive policy of the Government to create post or to prescribe the qualification for the post. The Court or Tribunal is devoid of power to give such direction.
The state can prescribe additional qualifications for teacher recruitment without violating central educational standards.
(1) Diploma through distance education cannot be equated with Diploma given through regular class room studies.(2) Equivalence is a technical academic matter. It cannot be implied or assumed. Judicia....
it is the legal or executive policy of the Government to create post or to prescribe the qualification for the post. The Court or Tribunal is devoid of power to give such direction. The relief sought....
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