Case Note & Summary
The case pertains to a long-standing recruitment process initiated in 2006 for 816 posts of Art & Craft Teachers in Haryana. The eligibility criteria required a 2-year Diploma in Art & Craft from the Haryana Industrial Training Department or an equivalent qualification recognized by the Haryana Education Department. The Director, School Education, issued a letter on 12.12.2006 stating that only the Diploma from the Industrial Training Department was recognized, excluding Diplomas from Kurukshetra University. This was challenged in the Punjab & Haryana High Court, which on 22.02.2007 held that the Kurukshetra University Diploma had been recognized by the State in 1999 and quashed the letter. However, the Supreme Court, in Civil Appeal No. 7031 of 2021, reversed this decision on 24.11.2021, holding that equivalence of qualifications is a matter for the State to determine. Subsequently, review petitions were filed by 404 candidates who held Kurukshetra University Diplomas. The Supreme Court granted the review petitions, noting that the earlier judgment had not considered the 1999 recognition. The court also noted that a fresh selection list had been prepared, but appointments were withheld pending the review. The court directed that the selection process be completed within three months, subject to the outcome of the review. The review petitions were allowed, and the judgment dated 24.11.2021 was set aside, restoring the High Court's order dated 22.02.2007.
Headnote
A) Service Law - Recruitment - Equivalence of Qualifications - The court held that the determination of equivalence of qualifications is a matter for the State, as the recruiting authority, and not for the courts to decide. The High Court had erred in holding that the Diploma in Art & Craft of Kurukshetra University was equivalent to that of the Haryana Industrial Training Department. (Paras 1-2) B) Service Law - Review Petition - Error Apparent on Record - The Supreme Court allowed the review petitions, finding that the earlier judgment dated 24.11.2021 had not considered the fact that the State had recognized the Kurukshetra University Diploma in 1999. The review was granted to correct this error. (Paras 2, 5)
Issue of Consideration
Whether the Diploma in Art & Craft from Kurukshetra University is equivalent to the Diploma in Art & Craft from the Haryana Industrial Training Department for the purpose of appointment as Art & Craft Teacher in Haryana
Final Decision
The Supreme Court allowed the review petitions, set aside the judgment dated 24.11.2021, and restored the order of the Punjab & Haryana High Court dated 22.02.2007. The court directed that the selection process be completed within three months.
Law Points
- Equivalence of qualifications is a matter for the recruiting authority to determine
- Recognition of qualifications by the State is essential for appointment
- Review petitions can be allowed when there is an error apparent on the face of the record
