The recent court case delves into the complexity of determining the equivalence of diplomas in Art and Craft for employment in teaching positions. The court’s legal analysis scrutinizes the differing purposes and requirements of diplomas offered by different institutions. This summary focuses on the court’s assessment of whether a diploma from a specific university is equivalent to the recognized diploma by the relevant department. Dive into the details of the court’s decision and evaluation process in this intriguing legal case.
Facts
- The Director of School Education Haryana, Chandigarh, informed all District Education Officers that the diploma in Art and Craft by the Industrial Training and Vocational Education Department, Haryana, is the only recognized course in the state.
- Kurukshetra University started a similar course, which was not recognized for Arts and Crafts Teacher appointments in Haryana.
- The Haryana State Staff Selection Commission advertised for Arts and Crafts teacher positions, specifying eligibility criteria including a two-year diploma from the recognized department.
- Petitioners challenged the validity of the non-recognition of their Kurukshetra University diplomas in the High Court.
- Mr. L.C. Gupta mentioned that the University did not require permission to start correspondence courses, and there was no job guarantee for their course.
- The High Court allowed the writ petitions after considering the contentions of the learned counsel for the parties and perusing the materials placed on record.
- The appeal is 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 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, 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.
- 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.
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Arguments
- The diploma in Art and Craft granted by Kurukshetra University, through distance education, is not equivalent to the diploma in Art and Craft given by the Industrial Training and Vocational Education Department, Haryana.
- The diploma granted by Kurukshetra University in Art and Craft through distance education is primarily for enhancing academic qualification and self-employment, not for teacher training purposes.
- The diploma in Art and Craft by the Industrial Training and Vocational Education Department, Haryana, is specifically for students attending regular classroom teaching and is not recognized for teacher training courses by relevant departments.
- The private respondents argue that the diploma in Art and Craft by Kurukshetra University through distance education is not invalid or illegal, but it serves different purposes compared to the diploma by the Industrial Training and Vocational Education Department.
- Arguing for the dismissal of the appeal, the respondents relied on communications issued by the State Government and its instrumentalities on specific dates.
- The main issue raised is whether a diploma from Kurukshetra University is equivalent to a diploma in Art and Craft from the Haryana Industrial Training Department.
- The respondents emphasized that the question of equivalence is a technical matter that should be determined by experts, and not by the court.
- Learned counsel for the State of Haryana supported the arguments presented by the appellants/private respondents in the writ petition.
- The writ petitioners-respondents highlighted that Kurukshetra University, established under the Kurukshetra University Act, 1986, has all its distance education qualifications automatically recognized for employment under the Central Government.
- The Government of Haryana has repeatedly confirmed the validity of the two-year diploma in Art and Craft course offered by Kurukshetra University.
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Analysis
- The High Court recognized the course from the Department of Industrial Training and Vocational Education, Haryana, but emphasized it was not equivalent to the Arts and Crafts Diploma from Kurukshetra University.
- The Diploma in Art and Craft awarded by the Industrial Training and Vocational Education Department, Haryana, required regular classroom teaching and practical classes, unlike the correspondence course offered by Kurukshetra University.
- The experts in the Education Department concluded that the diploma from Kurukshetra University was not equivalent to the two-year diploma from the Haryana Industrial Training Department.
- Kurukshetra University clarified that its diploma in Art and Craft through distance education did not guarantee specific job opportunities or equivalence to the Haryana Industrial Training Department’s diploma.
- The meeting under the Financial Commissioner and Principal Secretary of Haryana deemed the course offered by Kurukshetra University through distance education as not in the best interest of the students, leading to a decision to discontinue it.
- The court should not consider the relevance of qualifications prescribed for various posts.
- The State, as an employer, is entitled to prescribe qualifications based on the job requirements.
- Equivalence of qualifications is a matter for the State, as the recruiting authority, to determine.
- Judicial review cannot expand the ambit of prescribed qualifications or decide equivalence.
- Court should not interfere with decisions based on expert recommendations unless they are influenced by extraneous factors, mala fides, irrationality, or perversity.
- Prescribed eligibility qualifications for admission or recruitment are to be determined by the appropriate authority.
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Decision
- Appeal succeeded and allowed
- Pending applications disposed of
- Judgment and Order of the High Court in C.W.P. No.20630 of 2006 and connected matters set aside
- Writ petitions dismissed
Case Title: DEVENDER BHASKAR Vs. STATE OF HARYANA . (2021 INSC 783)
Case Number: C.A. No.-007031-007031 / 2021
