DEVENDER BHASKAR & ORS. versus STATE OF HARYANA & ORS.

Leave granted.

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.

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.

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:

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.

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.

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 Education, Haryana.

The private respondents in the writ petitions have also taken similar contentions and sought for dismissal of the writ petitions. The High Court, on consideration of the contentions of the learned counsel for the parties and on perusal of the materials placed on record, 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.

Learned counsel for the appellants herein (private respondents in the writ petitions) submitted 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 in Art and Craft by the Industrial Training and Vocational Education Department, Haryana, is given 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 in Art and Craft granted by the said University is only for enhancing academic qualification. In this connection, learned counsel has drawn our attention to Annexures R-1 to R-3 enclosed along with the counter affidavit filed by the second respondent. It is 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. It was also contended that ‘equivalence’ is a technical matter and this Court cannot direct the authorities to recognize it as equivalent when the expert’s view is otherwise.

Learned counsel for the respondent-State of Haryana has supported the submissions advanced by the learned counsel for the appellants/private respondents in the writ petition.

On the other hand, learned counsel for the writ petitioners-respondents herein would submit 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. In this connection, they have relied on the communications issued by the State Government and its Instrumentalities dated 02.11.1999, 27.05.2005 and 30.05.2005. He prays for dismissal of the appeal.

We have carefully considered the submissions of the learned counsels of the parties made at the Bar and perused the materials placed on record.

As noticed above, the advertisement dated 20.07.2006 was issued by the Commission inviting applications for filling up of 816 posts of Arts and Crafts teachers in the State of Haryana. One of the important eligibility 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. The writ petitioners are holders of two-year diploma in Art and Craft from the Kurukshetra University. Therefore, the question for consideration is 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.

The materials on record clearly suggest 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. 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 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. In fact, in a meeting convened by the Financial Commissioner and Principal Secretary, Industrial Training and Vocational Education Department on 27.11.2003, it was decided to ask the Kurukshetra University to discontinue the said course from the next academic sessions i.e. 2004-2005 as it was running through distance education and the same was not in the best interest of the students. The Kurukshetra University has issued a caution notice in various leading newspapers in which it was made clear that some institutions who had given misleading advertisement for Kurukshetra University course of Art and Craft as a teacher training course. It was also clarified that the diploma in Art and Craft from the Kurukshetra University does not guarantee any specific job. The Minutes of the Meeting held on 27.11.2003 under the Chairmanship of Financial Commissioner and Principal Secretary to the Government of Haryana makes this position very clear which is as under:

The caution notice by the Kurukshetra University is as under:

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. This letter is as under: