Judicial Review – Equivalence of qualification – Determination of – Held: Equivalence of qualification is a matter for the State, as recruiting authority to determine – Judicial review can neither expand the ambit of the prescribed qualifications nor decide the ambit of the prescribed qualifications with any other given qualification – On facts, the High Court 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 – Diploma through distance education cannot be equated with the diploma given through regular class room studies – Thus, order passed by the High Court set aside – Education/Educational Institutions.
Allowing the appeal, the Court
HELD: 1.1 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. [Para 14][512-C-E]
1.2 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. ORS.
In fact, Kurukshetra University has never claimed that the said 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, 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. The documents, Exhibit P2 to P4 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. [Paras 18, 19][516-H; 517-AC]
1.4 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 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, the High Court was not justified in equalizing them. [Para 20][517-D-G]
1.5 Judicial review can neither expand the ambit of the prescribed qualifications not decide the ambit of the prescribed qualifications with any other given qualification. Equivalence of qualification is a matter for the State, as recruiting authority to determine. The High Court 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. The Judgment and Order of the High Court are set aside and the writ petitions are dismissed. [Paras 25-27][519-A-D]
Mohammad Shujat Ali & Ors. v. Union of India & Ors. (1975) 3 SCC 76 : [1975] 1 SCR 449; J. Ranga Swamy v. Government of Andhra Pradesh and Others (1990) 1 SCC 288; State of Rajasthan & Ors. v. Lata Arun (2002)
6 SCC 252; Guru Nanak Dev University v. Sanjay Kumar Katwal & Anr. (2009) 1 SCC 610 : [2008] 14 SCR 961; Zahoor Ahmad Rather & Ors. v. Sheikh Imtiyaz Ahmad & Ors. (2019) 2 SCC 404 : [2018] 14 SCR 1082 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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