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

Citation: [2021] 7 S.C.R. 506 · Decided: 24-11-2021 · Supreme Court of India · Bench: S. ABDUL NAZEER · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2021] 7 S.C.R.
DEVENDER BHASKAR & ORS.
v.
STATE OF HARYANA & ORS.
(Civil Appeal No. 7031 of 2021)
NOVEMBER 24, 2021
[S. ABDUL NAZEER AND KRISHNA MURARI, JJ.]
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.
[2021] 7 S.C.R. 506
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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-A-
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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
DEVENDER BHASKAR & ORS. v. STATE OF HARYANA &
ORS.
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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 holdin

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