The Supreme Court was dealing with the Civil Writ Petition filed against the Judgement passed by the Division Bench of High Court of Punjab and Haryana 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.
Brief Facts:
The dispute arises from an advertisement 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. The eligibility criteria were given for the same. One of the important criteria was a 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. All the petitioners passed their two-year diploma in Art and Craft from the Kurukshetra University. 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 and they filed writ petitions in HC. On 12.12.2006, the Director of School Education Haryana, Chandigarh, addressed a letter to all the District Education Officers/District Elementary Education Officers which stated that 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.
High Court’s Decision:
The High Court, on consideration of the contentions of the learned counsel for the parties allowed the writ petitions. The High Court held that the petitioners have a legal right to be considered for the post of Arts and Crafts teachers with the strength of the diploma secured by them from the Kurukshetra University.
Respondent’s Contention:
The learned counsel for the respondent submitted that the Kurukshetra University was incorporated under the provisions of the Kurukshetra University Act, 1986 and that all the qualifications awarded through distance education by this University stand automatically recognized for the purpose of employment to the posts and services under the Central Government. The Government of Haryana has repeatedly confirmed the two-year diploma in Art and Craft course offered by the Kurukshetra University.
Appellant’s Contention:
The learned counsel for the appellant content that the diploma in Art and Craft granted by the Kurukshetra University is not equivalent to the diploma in Art and Craft given by the Industrial Training and Vocational Education Department, Haryana. It is not recognised by the Haryana Education Department. The diploma is given to the students who attend regular class room teaching. It was also content that most of the subjects are practical subjects and their studies cannot be possible through distance education. It was argued that the question is not whether diploma in Art and Craft by the Kurukshetra University through distance education is invalid or illegal. Rather, the question is whether the said diploma by the Kurukshetra University is an ‘equivalent qualification’ to the diploma in Art and Craft examination conducted by the Haryana Industrial Training Department.
Supreme Court’s observations:
The question before the Supreme Court was:
Whether the diploma in Art and Craft by Kurukshetra University through distance education is recognized by the Haryana Education Department as an equivalent qualification to the diploma in Art and Craft Examination conducted by the Haryana Industrial Training Department.
Giving the reasoning for the issue the SC stated that “The Art and Craft Course is a highly practical oriented course and the appointee teachers have to train the students in Art and Craft which is a practical subject. Most of the subjects are practical subjects and their study is not possible through distance education. The Kurukshetra University grants the diploma in Art and Craft through distance education. This diploma cannot be equated with the diploma given through regular class room studies. It was also clarified that the diploma in Art and Craft from the Kurukshetra University does not guarantee any specific job.”
The SC also stated that “The Director and Under Secretary to the Government of Haryana in his letter dated 24.11.2003 to the Higher Education Commissioner, had clearly stated that the diploma course in Art and Craft by the Kurukshetra University has not been given recognition by the Education Department.”
The SC referred the Judgement passed by the Hon’ble Court in Mohammad Shujat Ali & Ors. v. Union of India & Ors, it was held that the question regarding equivalence of educational qualifications is a technical question based on proper assessment and evaluation of the relevant academic standards and practical attainments of such qualifications. The SC also referred the Judgement passed by the Hon’ble Court in J. Ranga Swamy v. Government of Andhra Pradesh and Others, where the Court held that it is not for the court to consider the relevance of qualification prescribed for various posts.
Supreme Court held:
After carefully considering the submissions of both the parties and referring various Judgements the SC observed that recognition of the said Course by the State of Haryana is entirely different from its equivalence. High Court has erred in holding that the diploma/degree in Art and Craft given by the Kurukshetra University is equivalent to a two-year Diploma in Art and Craft examination conducted by the Haryana Industrial Training Department or diploma in Art and Craft.
The SC allowed the appeal and ordered to set aside the impugned judgments and writ petitions passed by the High Court. The SC also ordered to dispose of any pending applications.
Bench: Hon'ble Mr. Justice S. Abdul Nazeer and Krishna Murari
Case Title: Devender Bhaskar & Ors. v. State of Haryana & Ors.
Case Details: Civil Appeal No. 7031 of 2021
Read Judgment ;
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