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Supreme Court of India
Devender Bhaskar vs State Of Haryana . on 24 November, 2021Author: S. Abdul Nazeer
Bench: S. Abdul Nazeer, Krishna Murari
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7031 of 2021
(Arising out of S.L.P.(Civil) No. 8670 of 2007)
DEVENDER BHASKAR & ORS. …APPELLANT(S)
VERSUS
STATE OF HARYANA & ORS. …RESPONDENT(S)
JUDGMENT
S. ABDUL NAZEER, J.
1. Leave granted.
2. 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.
3. 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
Signature Not Verified
Digitally signed by
Anita Malhotra
Commission were arrayed as respondent nos. 1 to 3 in the writ petition. Most of
Date: 2021.11.24
16:58:31 IST
Reason:
the private respondents in this appeal were writ petitioners before the High
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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.
4. 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:
“(i) Matric from Haryana School Education Board or an
equivalent qualification recognized by the Haryana School
Education Board.
(ii) 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.
(iii) Knowledge of Hindi upto Matric Standard.”
(emphasis added)
5. 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
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qualification by the Haryana Education Department, which led to the filing of
the writ petitions in the High Court.
6. 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.
7. 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
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Department as well as by the Department of Industrial Training and Vocational
Education, Haryana.
8. 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.
9. 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
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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.
10. 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.
11. 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.
12. We have carefully considered the submissions of the learned counsels of
the parties made at the Bar and perused the materials placed on record.
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13. 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.
14. 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
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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:
“Minutes of the meeting held on 27.11.2003 at 11 AM under the
chairmanship of Financial Commissioner and Principal Secretary to Govt.
Haryana, Industrial Training & Vocational Education Department
regarding Art & Craft course started by Kurukshetra University,
Kurukshetra from the session 2003-2004.
Present
1. Sh. Dhanpat Singh, IAS
Higher Education Commissioner, Haryana.
2. Sh. Rajbir Singh, IAS
Director, Industrial Training & Vocational
Education, Haryana.
3. Sh. L.C. Gupta
Director, Correspondence courses,
Kurukshetra University, Kurukshetra
_________
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1. Director Industrial Training informed that Kurukshetra University,
Kurukshetra has started a 2 Year Art & Craft Course through
distance education from this year 2003-2004. The University did
not take the permission from either the Education Department or
Industrial Training & Vocational Education Department.
2. Mr. L.C. Gupta pointed out that the University can start
correspondence courses at their own level and there was no need to
seek the permission from Govt. of Haryana/Education Department.
He further told that the public was informed that the course being
conducted by them would not guarantee a job.
3. A two year Art & Craft Teachers Training Course is already being
run by the Department of Industrial Training & Vocational
Education, Haryana. By starting a course of a similar nature,
Kurukshetra University, Kurukshetra has stepped into the domain
of the Industrial Training & Vocational Education Department. It
has further created a confusion in the mind of general public as
both the above courses are similar and it may cause unrest in the
youth who has taken admission in this course as it is not
recognized.
4. The Art & Craft Teachers Training Course being conducted by IT
& VE Department is a recognized Vocational Course whereas the
course of Art & Craft started by Kurukshetra University,
Kurukshetra is a course conducted through distance education and
hence both these courses cannot be equated.
It was decided that Kurukshetra University, Kurukshetra may be
requested through the Education Department, Haryana to discontinue this
course from the next Academic Session 2004-2005.”
15. The caution notice by the Kurukshetra University is as under:
“DIRECTORATE OF CORRESPONDENCE COURSES
KURUKSHETRA UNIVERSITY, KURUKSHETRA
CAUTION NOTICE
Some Institutions/Organisations have given advertisements in
various newspapers/media and have invited Computer/Management/other
Centres to get affiliation/franchises of Kurukshetra University for running
different courses of the Directorate of Correspondence Courses. It is
clarified that all these advertisements are illegal and in violation of
Clause-4 of the terms and conditions of the Agreement for Service
Providers which clearly states that “in no case the Second Party (Service
Provider) shall be allowed to authorize any other agency/centre, other than
the study centres run by it, to enroll students to any course of this
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University and any violation will lead to cancellation of this arrangement
without any notice and no refund of any fee and security will be allowed”.
Therefore, the persons entering into any such illegal arrangements will be
doing so at their own risk and responsibility.
Some institutions/parties have also given misleading
advertisements for the Kurukshetra University Course of Diploma in Art
& Craft as a teachers training course. It is also clarified that all DCC
courses including Diploma in Art & Craft are Kurukshetra University
approved courses and do not guarantee any specific job. Hence, the
University will in no way be responsible for any such misleading
advertisements. In case of any doubt and for further clarifications if any,
please contact at phone 01744-238518.
DIRECTOR”
16. 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:
“From
The Director,
Industrial Training & Vocational Education Department,
Haryana
To
1. Sh. Dhanpat Singh,
Higher Education Commissioner, Haryana
Higher Education Department.
2. Director Correspondence Course
Kurukshetra University, Kurukshetra.
Memo No.T-3/Art & Craft/Complaint/26586
Dated 24.11.2003
Subject : Regarding Art & Craft Professional Diploma through
Correspondence from Kurukshetra University
———-
The Kurukshetra University, Kurukshetra has started two years
Art & Craft Professional Diploma Course through Correspondence
Course. This Diploma Course has not been given recognition by
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Education Department and Industrial Training & Vocational Education
Department, Haryana.
2. The Finance Commissioner and Secretary to Government of
Haryana Industrial Training & Vocational Education Department has
called a meeting on 27.11.2003 at 11 A.M. in Room No.335, IIIrd
Floor, New Secretariate Sector-17, Chandigarh to consider the matter of
recognition course being run through correspondence course by
Kurukshetra University. You are requested to kindly attend this
meeting.
Sd/-
Director & Under Secretary to Govt. of Haryana
Industrial Training & Vocational Education Department,
Haryana”
17. The following table manifests that both the courses are not equivalent
courses.
Sl.No. Arts and Crafts Arts and Crafts
Training course from Diploma from
Department of Industrial Kurukshetra
Training and Vocational University,
Education, Haryana Kurukshetra
1. Regular Course having 2 Correspondence course
theory papers and 8 practicals. having 2 theory papers
and 6 practicals.
2. Admissions on the basis of No eligibility criteria
merit i.e. Matric’s percentage only 10+2 is the
with Drawing as one of the eligibility in any stream.
subject. No merit determination
and no age bar.
3. Reservation policy applicable. No reservation policy.
4. Limited seats i.e. 30 students No limited seats.
consists of one unit.
5. Internal assessment of 160 No internal assessment.
marks.
6. Regular practical classes in lab No regular practical
such as: – classes as the same is
a) Wood work; correspondence course.
b) Clay modeling;
c) Painting;
d) Applied Art;
e) Scale Geometry;
f) Design and poster; &
g) Still life.
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18. It is also relevant to state here that Kurukshetra University itself has
clarified that the diploma in Art and Craft started by it through correspondence
is not meant for appointment to the post of Arts and Crafts Teachers. In fact,
Kurukshetra University has never claimed that the aforementioned diploma is
valid for appointment of Arts and Crafts Teachers. The Registrar of
Kurukshetra University in a public notice dated 27.09.2004 has clarified that
this degree is meant for enabling the students to become self-employed. None
of the documents produced by the petitioners would indicate that the diploma in
Art and Craft awarded by the Kurukshetra University is equivalent to the two-
year diploma in Art and Craft Examination conducted by the Haryana Industrial
Training Department. In its letter dated 24.12.2004, at Exhibit P-4, the
Kurukshetra University has clearly stated that the University does not guarantee
any specific job for any of the courses including the diploma in Art and Craft.
19. The documents, Exhibit P-2 to P-4, do not claim that the course in
question has been recognized as equivalent to 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.
20. We have already noticed that one of the eligibility criteria for
appointment to the post of Arts and Crafts teacher as per the advertisement
dated 20.07.2006 is a “two-year Diploma in Art and Craft examination
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conducted by the Haryana Industrial Training Department or an equivalent
qualification recognized by the Haryana Education Department.” It was made
clear by the Industrial Training and Vocational Educational Department,
Haryana, that diploma in Art and Craft Course by the Kurukshetra University is
conducted through distance education and that this course cannot be equated
with two-year diploma in Art and Craft Course awarded by the Haryana
Industrial Training Department. Recognition of the said Course by the State of
Haryana, as held by the High Court, is entirely different from its equivalence.
When the experts in the Education Department have held the diploma in Art and
Craft by the Kurukshetra University is not equivalent to the two-year diploma in
Art and Craft awarded by the Haryana Industrial Training Department, we are
of the view that the High Court was not justified in equalizing them.
21. In Mohammad Shujat Ali & Ors. v. Union of India & Ors 1, 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. It was
further held that where the decision of the Government is based on the
recommendation of an expert body, then the Court, uninformed of relevant data
and unaided by technical insights necessary for the purpose of determining
equivalence, would not lightly disturb the decision of the Government unless it
1 (1975) 3 SCC 76
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is based on extraneous or irrelevant considerations or actuated mala fides or is
irrational and perverse or manifestly wrong.
22. In J. Ranga Swamy v. Government of Andhra Pradesh and Others, 2
this Court held that it is not for the court to consider the relevance of
qualification prescribed for various posts.
23. In State of Rajasthan & Ors. v. Lata Arun, 3 this Court held that the
prescribed eligibility qualification for admission to a course or for recruitment
to or promotion in service are matters to be considered by the appropriate
authority. It was held thus:
“13. From the ratio of the decisions noted above, it is clear
that the prescribed eligibility qualification for admission to a
course or for recruitment to or promotion in service are
matters to be considered by the appropriate authority. It is
not for courts to decide whether a particular educational
qualification should or should not be accepted as equivalent
to the qualification prescribed by the authority.”
24. In Guru Nanak Dev University v. Sanjay Kumar Katwal & Anr., 4 this
Court has reiterated that equivalence is a technical academic matter. It cannot
be implied or assumed. Any decision of the academic body of the university
relating to equivalence should be by a specific order or resolution, duly
published. Dealing specifically with whether a distance education course was
equivalent to the degree of MA (English) of the appellant university therein, the
2 (1990) 1 SCC 288
3 (2002) 6 SCC 252
4 (2009) 1 SCC 610
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Court held that no material had been produced before it to show that the
distance education course had been recognized as such.
25. In Zahoor Ahmad Rather & Ors. v. Sheikh Imtiyaz Ahmad & Ors. 5, it
was held that the State, as an employer, is entitled to prescribe qualifications as
a condition of eligibility, after taking into consideration the nature of the job, the
aptitude required for efficient discharge of duties, functionality of various
qualifications, course content leading up to the acquisition of various
qualifications, etc. Judicial review can neither expand the ambit of the
prescribed qualifications nor decide the equivalence of the prescribed
qualifications with any other given qualification. Equivalence of qualification
is a matter for the State, as recruiting authority, to determine.
26. Having regard to the above, in our view, the High Court has erred in
holding that the diploma/degree in Art and Craft given by the Kurukshetra
University is equivalent to two-year Diploma in Art and Craft examination
conducted by the Haryana Industrial Training Department or diploma in Art and
Craft conducted by Director, Industrial Training and Vocational Education,
Haryana.
27. Resultantly, the appeal succeeds and it is accordingly allowed.
Consequently, the Judgment and Order of the High Court in C.W.P. No.20630 of
2006 and connected matters, impugned herein, are set aside and the writ
5 (2019) 2 SCC 404
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petitions are dismissed. Pending applications, if any, shall stand disposed of.
There shall be no order as to costs.
…….……………………………J.
(S. ABDUL NAZEER)
…….……………………………J.
(KRISHNA MURARI)
New Delhi;
November 24, 2021
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