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Haryana Staff Selection Commission (HSSC), Panchkula, Haryana
Haryana Staff Selection Commission (HSSC), Panchkula, Haryana
Address:Baya No. 67-70, Sector -2
Panchkula (District Panchkula)
Haryana, IndiaPin Code : 134151
Haryana Staff Selection Commission (HSSC), Panchkula Haryana is a State Authority under the control of State Government.
Haryana Staff Selection Commission (HSSC), Panchkula Haryana is situated in Panchkula of Haryana state (Province) in India. This data has been provided by www.punjabcolleges.com. Panchkula comes under Panchkula Tehsil, Panchkula District.
Website of Haryana Staff Selection Commission (HSSC), Panchkula Haryana is www.hssc.gov.in.
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GURINDER SINGH AND LPA 58 of 2011 (O AND M)OTHERS Versus STATE OF HARYANA AND OTHERS
ASHA LATA AND ANOTHER Versus STATE OF HARYANA AND OTHERS Civil Writ Petition No.17656 of 2004IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of decision: 4th October, 2010
Asha Lata and another … Petitioners
State of Haryana and others … Respondents
CORAM: HONBLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Mr. Harkesh Manuja, Advocate for the petitioners.
Mr. Himanshu Raj, Assistant Advocate General, Haryana for the State.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Present writ petition has been filed under article 226 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing the requirement of qualification of Midwife Training as mentioned in the advertisement (Annexure P-5), whereby Haryana Staff Selection Commission invited applications for the post of Staff Nurse. The advertisement was issued on 31st August, 2004. n the year 1998, Haryana Health Department, Nursing Personnel and Lady Housekeeper (Group-C) Service Rules, 1998 rescribed following qualification for the post of Staff Nurse:
(i) B.Sc. (Hons) Nursing or B.Sc. (Post Basic) Nursing;
Diploma in General Nursing with Midwife Training from a recognized Institution/University.
(ii) A division Nurse (with Midwife Training registered with Haryana Nurses Registered Council).
(iii) Hindi upto Matric standard.
A grievance has been made in the present writ petition that the petitioners had obtained Diploma in General Nursing in the year 1988 and at that time Midwife Training from a recognized Institution or University was not necessary and therefore, the Government could not amend the rules and prescribe this qualification. In the written statement filed, a preliminary objection has been taken that the petitioners ought to have taken their Midwife Training to become eligible and the training of Midwife is only for a period of six months, which is to be acquired after passing the Diploma in Nursing. Counsel for the petitioners, at this stage, has submitted that the present petition be dismissed as withdrawn, as the recruitment has been made in pursuance of the advertisement (Annexure P-5), with liberty to raise all arguments available to them under law, at an appropriate stage when any fresh advertisement is issued. As prayed, dismissed as withdrawn, with liberty aforesaid.
[KANWALJIT SINGH AHLUWALIA]
SATYAWAN SINGH MEHRA Vs HARYANA STAFF SELECTION COMMISSION AND OTHERSCivil Writ Petition No. 657 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No. 657 of 2009
Date of decision: 30.7.2009
Satyawan Singh Mehra ...petitioner
Haryana Staff Selection Commission and others ...respondents.
HON BLE MR. JUSTICE RANJIT SINGH
Mr. Som Nath Saini , Advocate for the petitioner.
Mr. Yashwinder Singh, AAG, Haryana for the State.
RANJIT SINGH J.
The Government of Haryana issued a notification in the year 1995 framing rules for prescribing method of recruitment and qualification required for the post of Senior Scientific Assistant. The petitioner, who is M.Sc. in Bio-technology applied for the post in response to an advertisement issued on 7.12.2007. The petitioner was informed on 19.12.2008 that he did not possess the required one year experience. Counsel for the petitioner contends that the experience required as per the advertisement was one year research and analytical experience in any one of the above mentioned subjects. In support, the petitioner had supplied a certificate from Advanced Microdevices Private Limited, Ambala. This has not been considered to be a sufficient experience from an appropriate agency.
The State counsel has drawn my attention to a communication addressed by Director General of Police, Haryana to Secretary, Haryana Staff Selection Commission, which is annexed with the reply as Annexure R-1/1. From this it is sought to be contended that requisite experience was to be from the Government lab and not from the private laboratory as was in the case of the petitioner. In the reply it is also pointed out that the petitioner is not possessing the requisite educational qualification, M.Sc. degree in second division, which is the essential qualification in any one of the subjects i.e. Zoology, Botany, Bio-Chemistry and Anthropology (Physical), Forensic Science, Human Biology from a recognised University or its equivalent degree. The petitioner is possessing M.Sc. Biotechnology. The contention of the counsel is that this degree possessed by the petitioner is equivalent to M.Sc degree in the subjects given in the advertisement. In support he has also drawn my attention to certificate issued by Head of Department, Kurukshetra University to say that the degree possessed by the petitioner can be considered equivalent to degree mentioned in the advertisement for the appointment of the said post.
Counsel for the petitioner also submits that it was not clarified in the advertisement, if the experience required was to be from a Government laboratory. He would have some justification in saying so because this requirement has subsequently been sent by the Director General of Police to the Secretary of the Service
Commission. It is also not clearly dispelled whether the degree possessed by the petitioner can be considered equivalent to the degrees which are required as per the advertisement or not. This matter would need to be examined by a Committee of expert whether the degree possessed by the petitioner can be considered equivalent to a degrees which are required as per the advertisement or not. In case, the degree possessed by the petitioner is found to be equivalent to the degrees, which are mentioned in the advertisement, the case of the petitioner would deserve consideration for appointment. The respondents are accordingly directed to constitute a Committee of experts to determine if the degree possessed by the petitioner is equivalent to the qualification prescribed in the advertisement.
The submission that appointments have already been made would be meaningless as there was an interim order passed by this Court that the selection if any made shall be subject to decision of the writ petition. The respondents shall also consider whether they are justified in relying on experience only from the Government
Laboratory, in the background, that it is not prescribed in the advertisement and also in the background that there would hardly be any scope or chance for a person to get experience from a Government laboratory unless he is in Government job. The case of the petitioner be considered in the light of the observation made
above. It would be desirable if the entire process is completed within a period of two months from the date of receipt of copy of this order.
If the petitioner is found eligible on the basis of a degree as possessed by him and also on the basis of experience certificate produced by him, he shall be considered for appointment to the post for which he has applied and on the basis of his merit.
The writ petition is accordingly disposed of.
( RANJIT SINGH )
SARITA Vs THE SECRETARY HARYANA STAFF SELECTION COMMISSIONC.W.P. No. 8790 of 2009
The Secretary, Haryana Staff Selection Commission
Mr. R.S.Dalal, Advocate for the petitioner
A similar petition bearing CWP No. 8588 of 2009 came up yesterday which has been dismissed.
This petition also deserves to be dismissed on the same grounds. However, apart from the arguments raised in the said writ petition learned counsel for the petitioner in this petition has also referred to the judgment of the Hon ble Supreme Court in the case of Gopal Krushna Rath v. M.A.A. Baig (dead) by LRs reported as 2000 (1) RSJ 294 wherein it was held as follows:-
When the selection process has actually commenced and the last date for inviting applications is over, any subsequent change in the requirement regarding qualifications by the University Grants Commission will not affect the process of selection which has already commenced.
In my opinion the above said authority does not help the petitioner As has been noticed earlier, in the advertisement itself it was stipulated that the prescribed essential qualification would not entitle the candidate to be called for interview and that the Commission could retain the right to shortlist the candidates either by holding written test or by adopting any other rational criteria.
In the circumstances this writ petition is dismissed in the same terms as CWP No. 8588 of 2009 decided on 29.5.2009.
MONIKA Vs STATE OF HARYANA and ORS CWP 108 of 2004IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of Decision: May 6, 2008
State of Haryana and others …Respondents
HONBLE MR. JUSTICE M.M. KUMAR
Mr. D.S. Patwalia, Advocate, for the petitioner.
Mr. Ashish Kapoor, Addl. AG, Haryana, for the respondents.
M.M. KUMAR, J.
This order shall dispose of C.W.P. Nos. 108 and 3021 of 2004, which have been filed under Article 226 of the Constitution for quashing order dated 20.11.2003 (P-3), passed by the Haryana Staff Selection Commission (for brevity, the Commission), whereby the applications of the petitioners for the posts of Art and Craft Teacher in Education Department have been rejected holding that the diploma held by the petitioners is incomplete. It is appropriate to mention that the petitioners have qualified three years diploma in Commercial Art and Industrial Design from the Government Polytechnic for Women, Ambala City (for brevity, three years diploma), whereas the C.W.P. No. 108 of 2004 qualification for the posts of Art and Craft Teacher is two years diploma in Art and Craft Examination conducted by the Haryana
Industrial Training Department (for brevity, two years diploma) or equivalent qualification.
When these petitions came up for consideration of a
Division Bench of this Court on 22.7.2004, it was directed that the petitioners shall be provisionally interviewed for the post of Art and Craft Teacher and their result was not to be declared without prior permission of this Court. Accordingly, the petitioners were interviewed. Thereafter on 8.2.2005, the result of the petitioners was produced in a sealed cover, which was opened by the Bench Secretary
for the perusal of the Court. It was found that in the merit list of General Category candidates the names of the petitioners figured at Sr. Nos. 541 to 546. It is appropriate to mention that in the advertisement dated 7.11.2003 (P-2), 664 posts of Art and Craft teacher were advertised with the following breakup:-
Category No. 4:- 664 posts of Art and Craft Teacher
(General = 287, SC-A = 59, SC-B = 58, BC-A = 91, BC-B = 51, ESM (General) = 49, ESM (SC-A) = 7, ESM (SC-B) = 7, ESM (BC-A) = 14, ESM (BC-B) = 21, Prominent Sportsman (General) = 6, Prominent Sportsman (SC-A) = 3, Prominent Sportsman (SC-B)= 4, Prominent (BC-A)= 4, Prominent Sportsman (BC-B)=3.
It is, thus, evident that for General Category there were only 287 posts of Art and Craft teacher against total number of 664 posts. The names of the petitioners in the select list figure at Sr. Nos. 541 to 546, which is far below the number of posts which were to be filled in pursuance to the advertisement dated 7.11.2003 (P-2). In view of the aforesaid finding recorded by this Court, the writ petitions were dismissed on 8.2.2005. Even review applications bearing R.A. No. 45 of 2005 in C.W.P. No. 108 of 2004 and R.A. No. 59 of 2005 in C.W.P. No. 3021 of 2004 were filed. R.A. No. 45 of 2005 was dismissed vide order dated 21.3.2005 because neither any detail of
the order dated 8.2.2005, which was sought to be reviewed, was given nor copy of the order was placed on record. Thereafter, another review application bearing R.A. No. 86 of 2005 in C.W.P. No. 108 of 2004 was filed. The aforementioned review application Nos. 59 and 86 of 2005 were also dismissed on 4.4.2005.
The order passed by this Court on 8.2.2005 was challenged before the Letters Patent Bench in L.P.A. No. 161 of 2005 in C.W.P. No. 108 of 2004 and L.P.A. No. 163 of 2005 in C.W.P. No. 3021 of 2004. The Letters Patent Bench after noticing two Division Bench judgments of this Court in the cases of Jarnail Singh v. State of Punjab, 1997(2) SCT 764 and Girish Arora v. State of Haryana, 1997(3) SCT 240, has observed as under:-
……the learned Single Judge ought to have gone into
the question of eligibility of the appellants in addition to other factors. We find merit in this plea. In Jarnail Singhs case and Girish Aroras case (supra), it has been held that in case the appointing agency did not fill in all the posts that had been advertised and qualified candidates were available, good reasons for not doing so have to be made out. In this view of the matter, we are of the opinion that the question of the eligibility of the
appellants ought to have been considered by the learned Single Judge and in case the appellants were found eligible, the question of their appointment ought to have been considered in the light of the aforesaid judgments.
We accordingly allow the appeals and remit the case to the learned Single Judge for fresh decision.
I have heard learned counsel for the parties and have
minutely gone through the original record produced before me. The first question which requires determination is as to whether three years diploma acquired by the petitioners could be considered equivalent to two years diploma as per the requirement of the advertisement. A perusal of the advertisement shows that equivalent qualification to two years diploma was also sufficient. In his letter
dated 15.12.1999, the Director, Technical Education, Haryana, had apprised the Director, Secondary Education-respondent No. 2 that three years diploma is duly recognized by the All India Technical Education Council, New Delhi (for brevity, the Council). He had requested that all such persons who have three years diploma be considered for appointment against the posts of Art and Craft teacher (P-4). Another letter of the same date was sent by attaching copy of the syllabus. In the job opportunities it has been specifically mentioned that the three years diploma holder has the job opportunity as an Art and Craft teacher in schools (P-5). Likewise, the Director, Secondary Education-respondent No. 2 sent a communication to the District Education Officer, Karnal, on 17.12.1999 by stating that the three years diploma is duly recognized by the Council and it is adequate qualification for appointment of C and V Teachers (P-6).
The State Government issued instructions on 2.11.1999 (R-1) to various directorates of Education Department including the Director, Secondary Education-respondent No. 2 conveying its decision, inter alia, that the qualification of all statutory institutes/universities recognized by the Council would also be recognized by the State of Haryana if the examination was to be conducted by approved University/Board. It is, thus, obvious that the Director, Technical Education Department, Haryana, has conducted the examination in respect of the petitioners and the State Board of Technical Education, Haryana has conferred three years diploma on the petitioners (P-1).
Therefore, three years diploma held by the petitioners has to be regarded equivalent to two years diploma as per the advertisement.
The argument of learned State counsel based on clarification dated 19.12.2003 (R-3/1), would not require any detailed consideration because firstly the clarification has been given by the Director, Secondary Education-respondent No. 2 to the Haryana Staff Selection Commission, which in turn goes against the instructions dated 2.11.1999 (R-1), issued by the Government. According to those instructions all qualifications conferred by the Board of Technical Education, Haryana and recognized by the Council are to be recognized by the State of Haryana. Moreover, the clarification has been given on 19.12.2003 whereas the posts were advertised on 7.11.2003 and, therefore, it would not in any case adversely affect the claim of the petitioners because the advertisement specifically postulate that a candidate should have two years diploma in Art and
Craft recognized by the Haryana Industrial Training Department or equivalent qualification recognized by the Education Department, Haryana. On the date of the advertisement, the instructions dated 2.11.1999 and recognition accorded to three years diploma in possession of the petitioners has been accorded. The same could not be withdrawn by clarification because it would amount to retrospective operation of a clarification changing the situation to the detriment of the petitioners. It is well settled that if a qualification is to be de-recognised then it could be done by a competent authority from a prospective effect. In that regard reliance may be placed on a Full Bench judgment of this Court in the case of Neelam Kumari v. State of Punjab, 1993 (1) PLR 117.
Therefore, the argument is misconceived and is hereby rejected. In view of the above, the question with regard to eligibility of the petitioners is answered in their favour and the three years diploma posses by them is found to be equivalent to two years diploma.
Therefore, the petitioners fulfill the necessary qualification and are eligible.
The question then arises is whether there are vacant posts of Art and Craft teachers. Before the Letters Patent Bench it was categorically stated that the posts have been left vacant and all the posts could not be fulfilled, which necessitated summoning of
original record. A detailed statement of 664 posts of Art and Craft teachers advertised on 7.11.2003 has been placed before me. It is categorically highlighted that against 287 posts belonging to General Category only 256 candidates were selected and 31 posts of Art and Craft teachers remained vacant. The statement further shows that out of total posts of 664, candidates for only 425 posts were selected and that part of the statement belongs to various other categories like Schedule Castes, Backward Classes, Ex-servicemen and Sportsmen etc. A copy of the statement has been taken on record as Mark-A.
The record further shows that the last selected candidate of General Category has secured 52.53 marks and the last selected candidate of BC-A category has secured 40.81 marks, whereas the petitioner Monika d/o Shri Krishan Kumar, Roll No. 546, belonging to General Category (in C.W.P. No. 108 of 2004), has secured 42.04 marks. The details and marks obtained by other petitioners (in C.W.P. No. 3021 of 2004) are as under:-
Sr. No . Petitioner/Fathers name Categor y Roll No.
1. Anu Nagar d/o Shri Narinder Kumar Nagar General 541 46.23
2. Monika d/o Shri Gurdev Singh General 545 45.25
3. Manisha Rani d/o Shri Shyam Sunder General 543 41.45
4. Seema d/o Shri Sohanbir Singh BC-A 542 42.42
5. Babita d/o Shri Satish Dhawan General 544 44.58
A true copy of the statement giving the above mentioned details is taken on record as Mark-B.
It is, thus, obvious that the vacancies of the posts of Art and Craft teacher were available and the petitioners have not been appointed on account of non-availability of the eligible candidates, as per the stand taken by the Board in Mark-A. However, the petitioners have been found to be eligible by this Court according to the findings recorded in the preceding paras. Therefore, I am of the considered view that the petitioners deserve to be appointed as Art and Craft teachers against 31 vacancies belonging to General Category which have remained unfilled as per record and petitioner Seema shall be appointed against 27 unfilled vacancies belonging to BC-A category as per record.
As a sequel to the above discussion, these writ petitions succeeds. A direction is issued to the respondents to appoint the petitioners on the posts of Art and Craft teacher. The needful shall be done within a period of two months from the date of receipt of certified copy of this order.
The writ petitions stand disposed of in the above terms.
SUMAN LATA AND ORS Versus STATE OF H RY AND ORS CWP 20630 of 2006
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Date of decision: 22-02-2007
1. Suman Lata w/o Sh. Raghubir Singh, r/o Village Tikri, P.O. Urnai, Tehsil Pehowa, District Kurukshetra.
2. Satnam Singh s/o Sh.Sita Ram, r/o Village Lotni, P.O. Jalbehra, Tehsil Pehowa, District Kurukshetra.
3. Ram Kumar s/o Sh. Lachhman Ram, r/o Village Shahpur, P.O. Siana Saidan, Tehsil Pehowa, District Kurukshetra.
4. Manoj Kumar s/o Sh.Ajmer Singh, r/o VPO Jalbehra, Tehsil Pehowa, District Kurukshetra.
5. Amarjeet Singh s/o Sh. Jaswinder Singh, r/o Village Nanak Pura, P.O. Sandhola, Tehsil Pehowa, District Kurukshetra.
6. Ishwar Chand s.o Sh. Joga Ram, r/o VPO Harigarh Bhorakh, Tehsil Pehowa, District Kurukshetra.
7. Devender Kumar s/o Sh. Chamel Singh, r/o VPO Pabnawa, Tehsil Dhand, District Kaithal.
8. Shiv Parshad s/o Sh. Amar Nath, r/o VPO Bakhli, Tehsil Pehowa, District Kurukshetra.
9. Mrs. Nitika Sharma w/o Dr.Tarun Sharma, C/o Dr. Jagdish Sharma, Near Sabji Mandi, Old Post Office, Shahabad Markanda, District Kurukshetra now posted as Art and Craft Teacher (Guest Faculty), Government Senior Secondary School, Shahabad (M), District Kurukshetra.
10.Divya Wadhwa d/o Sh. Surinder Kumar Wadhwa, r/o House
No.316/10, Ekta Vihar Colony, Shahabad Markanda, District
Kurukshetra now posted as Art and Craft Teacher (Guest Faculty) Government High School, Haripur (Baram) District Kurukshetra.
11.Mamtesh Devi d/o Sh. Sulekh Chand, r/o Village Kathgarh, Tehsil Ismailabad, District Ambala.
12.Chander Pal s/o Sh. Gulab Singh, r/o Village Thehnewal, Post Ofice Peedal, Tehsil Guhla, District Kaithal.
13.Kiran Devi d/o Sh. Balkar Singh, r/o Village Thehnewal, Post Office Peedal, Tehsil Guhla, District Kaithal.
14.Manbha Wati w/o Sh. Ganga Ram r/o Hanuman Colony Salimpur, Ward No.9 Cheeka, Tehsil Guhla, District, Kaithal.
15.Amrik Singh s/o Sh. Amarjit Singh, r/o Village Nandgarh, Post
Officed and Tehsil Guhla, District Kaithal.
16.Mohan Singh s/o Sh. Gurcharan Singh, r/o Village Nandgarh, Post Office and Tehsil Guhla, District Kaithal.
17.Jagdish s/o Sh. Ram Pal Singh, r/o Village Pisol, Tehsil Guhla, District Kaithal.
18.Geeta Devi d/o Sh. Ram Phal, r/o VPO Tumbaheri, Tehsil and
19.Ravi Dutt s/o Sh. Parshotam Dass, r/o VPO Cheeka, District Kaithal.
20.Puneet Kaur d/o Sh. Gurbachan Singh, c/o Sh. Babu Ram, r/o House No.816, Back Laxmi Theater, Vishvakarma Mohalla, Hamid Colony, Yamuna Nagar, District Yamuna Nagar.
21.Poonam Rani d/o Sh.Madan Lal, r/o Four Marla Colony, Pehowa District Kurukshetra.
22.Rajesh Kumar s/o Sh. Ram Sarup, r/o VPO Taragarh,
23.Harshit Grover s/o Sh. Smesh Grover, r/o Grover Clinic, Near Old Post Office, Pehowa, District Kurukshetra.
24.Narender Kumar s/o Sh. Tek Chand, r/o Bhagirath Niwas, Pacholian Street, Pehowa, District Kurukshetra.
25.Sangeeta Sharma d/o Sh. Jai Krishan Sharma, r/o House No.839/3, Huda Kurukshetra, District Kurukshetra.
26.Amarjeet Kaur d/o Sh. Harpal Singh, r/o House No.623/6, Patel Nagar, Kurukshetra, District Kurukshetra.
27.Bharti d/o Sh. Gulshan Rai and wife of Sh. Rajesh Sidana, r/o House No.64/1, Mohalla Majri, Shahabad Markanda, District Kurukshetra.
28.Vikas Pal Singh s/o Sh. Karan Singh, r/o VPO Sudhpur,
29.Meena Bhatia w/o Sh. Ram Nath Bhatia, r/o House No.198/8,
Mohalla Ghumania, Shahabad, District Kurukshetra.
30.Krimta Kumari d/o Sh. Kesho Ram, r/o Village Dera, P.O. Hamidpur, Tehsil Naraingarh, District Ambala.
31.Arun Bala Saini w/o Sh. Mahabir Singh, r/o House No.241,
Ward No.6, Near Vishavkarma Mandir, Naraingarh District Ambala.
32.Nisha Walia w/o Sh. Anuj Kumar Walia, r/o House No.249, Ward No.1, Durga Colony College Road, Naraingarh, District Ambala.
33.Om Pal s/o Sh. Hem Raj, r/o Village Mugal Majra, Tehsil Naraingarh, District Ambala.
34.Poonam Sharma w/o Mr. Bharat Bhushan Sharma, r/o Durga Colony, Ward No.2, Naraingarh, District Ambala. .....PETITIONERS
1. The State of Haryana through Secretary to Government of Haryana Department of Education, Haryana Civil Secretariat Chandigarh.
2. Director, School Education, Haryana, 30 Bays Building,
3. Haryana Staff Selection Commission, Bays No.67-70, Sector-2, Panchkula, Haryana through its Secretary.
4. Devender Bhankhar s/o Sh. Om Parkash, 196/30, Ambedkar
Nagar, Mehlana Road, Sonepat.
5. Pardeep son of Sh.Rajinder Singh, VPO Krishanghar Meham,
6. Anil Kumar son of Sh.Om Parkash, 523/31, Ashok Vihar, Sonepat.
7. Amita d/o Balwant Singh, 208-B, Ramgopal Colony,
8. Archana d/o Ramphal Verma, 345/11, New Adarsh Nagar,
9. Dharmender Singh s/o Gulab Singh, Village and Post Office
Chachrote, District Yamunanagar.
10.Manish Yadav s/o Sh.Ram Kishore, New Colony, Pataudi,
11.Mohit Kumar s/o Sh. Gianander, New Colony, Pataudi,
12.Ajay Kumar s/o Sh.Lal Chand,Village Gudhana Post Office,
Sharpur, District Gurgaon.
13.Vikas s/o Sh.Rakesh Kumar, Village Belewa Post Office
Khalipur, District Gurgaon.
14.Priyanka Yadav d/o Sh.Rattan Lal, Village Jeewra Post Office
Asiyaki Gorawas, District Rewari.
15.Mool Chand s/o Sh. Kailash Chand Soni, Village and Post Office
Dholeda, District Mahendergarh.
16.Pooja Yadav d/o Sh.Kawar Singh, 54/4 Shakti Nagar,
17.Dharmveer Singh s/o Sh.Hari Ram, Village Chandenwas, Post Office Ashiya-ki-Gorawas, District Rewari.
18.Pardeep Kumar s/o Sh.Upender Singh, Village and Post Office
Giraulra, District Rewari.
19.Parambir Singh s/o Sh.Bishmber Dayal, Village and Post Office
Noor Ghar, District Gurgaon.
20.Nisha Yadav d/o Sh. Zile Singh, Village and Post Office Noor
Ghar, District Gurgaon.
21.Ajay Kumar s/o Sh. Sant Kumar, Ajay Tent House Jhajjar Road, Rewari.
22.Sapna d/o Sh. Pawan Kumar,Village Jeewra Post Office
Asiya-ki-Gorawas, District Rewari.
23.Hans Raj s/o Sh. Pawan Kumar, Village Jeewra Post Office
Asiya-ki-Gorawas, District Rewari.
24.Munish Kumar s/o Sh.Om Parkash, Village and Post Office Pahadi, District Gurgaon.
25.Ravi Yadav s/o Sh.Ved Parkash, Village Pehrajwas Post Office, Palawas, District Rewari.
26.Vijay Singh s/o Sh. Hukam Chand, Village Rajpura Post Ofice
Sherpur, District Gurgaon.
27.Rambir Singh s/o Sh.Desh Raj Yadav, Village and Post Office
Dhorka, District Gurgaon.
28.Dharmanand s/o Sh. Babu Lal,Village Noorgarh Post Office
Asiya-ki-Gorawas, District Gurgaon.
29.Suman Devi w/o Sh. Manoj Kumar Kathmandi, Village and Post
Office Meham, District Rohtak.
30.Dhanraj Yadav s/o Sh.Rattan Lal Yadav, Village and Post Office
Sherpur, District Gurgaon.
31.Sapna Yadav d/o Sh. Vidyanand,Village and Post Office Wajirabad, District Gurgaon.
32.Deepak Mor s/o Sh.Dilbagh Singh Mor, Village and P.O. Baroda Mor, Tehsil Gohana, District Sonepat.
33.Reena d/o Sh. Prem Chand, Village and Post Office Noor Pur,
34.Manish Kumar s/o Sh. Satyavir Singh Opposite Post Office,
Dr.Om Parkash Wali Gali, Gohana, District Sonepat.
35.Savita d/o Sh. Rajinder Singh, House No.613/3, Adarsh Nagar, Gohana, District Sonepat.
36.Monika d/o Sh.Arjun Singh Bhatheja, Main Bazar Gohana,
37.Dharam Rohila s/o Sh.Baljeet Singh, House No.832, Sector-4,
38.Anil s/o Sh.Om Parkash Nandwani, House No.56/21, Gali No.2, Roop Nagar, Sonepat.
39.Sandesh s/o Sh.Ramotar, Village and Post Office Khetiwas,
40.Udai Veer s/o Sh.Amar Singh, Village Bapas P.O. Phari,
41.Narinder Singh s/o Sh.Phool Singh, Village Deklawas P.O. Khor, District Gurgaon.
42.Mukesh Kumar s/o Sh.Bhim Singh, House No.647/28, West Ran Nagar, Sonepat.
43.Pardeep Kumar s/o Sh.Umed Singh, r/o VPO Narnaud,
44.Ms.Poonam Devi d/o Sh. Balbir Singh, r/o VPO Naran Khera,
45.Ajay Kumar s/o Sh.Randhir Singh, r/o VPO Moi Majri,
46.Devender s/o Sh.Randhir Singh, r/o VPO Moi Majri,
47.Ms.Aashima Sangwan d/o Sh. Ramesh Chander, r/o Defence
Colony, District Jind.
48.Anil s/o Sh. Om Parkash, r/o Ashok Vihar, District Sonepat.
49.Sunil s/o Sh. Om Parkash, r/o 523/B1,Ashok Vihar,
50.Ms. Archna d/o Sh.Ramphal Verma, r/o New Aadarsh Nagar,
51.Parveen s/o Sh. Sunderlal, r/o VPO Turakpur Pataudi,
52.Ravinder s/o Sh. Om Parkash, r/o Amrit Colony, District Rohtak.
53.Krishan Kumar s/o Sh. Om Parkash, r/o VPO Chicharana,
54.Jasmer s/o Sh. Prem Singh, r/o VPO Rabra, District Sonepat.
55.Sudhir Kumar s/o Sh.Kulbeer Singh, r/o VPO Kohla, District Sonepat.
56.Sandeep s/o Sh.Leela Ram, r/o VPO Basai, District Mahendergarh.
57.Sonu Ram s/o Sh. Shilak Ram, r/o VPO Nandghar Julana,
58.Raghubeer Singh s/o Sh. Kehar Singh, r/o VPO Kapad,
59.Mukesh Kumar s/o Sh. Dulichand, r/o VPO Kasand,
60.Smt. Sunita w/o Sh.Raesh Malik, r/o VPO Khanpur Kalan,
61.Smt. Nirmal Devi w/o Sh. Suresh Chander, r/o VPO Kasanda,
62.Rajbir s/o Sh. Prem Singh, r/o VPO Dhanana, District Bhiwani.
63.Ms.Monika d/o Sh.Arjun Bhateja, r/o VPO Babain,
64.Gaurav Sharma s/o Sh.Naresh Kumar, r/o VPO Chachroli,
65.Munish Kamboj s/o Sh.Suresh Kumar, r/o VPO Kait,
66.Bhupesh s/o Sh.Yashpal Singh, r/o VPO Chuhurpur,
67.Vipin Kumar s/o Sh. Jai Parkash, r/o VPO Alahhar,
68.Devender Singh s/o Sh.Jagir Singh, r/o VPO Gundiyana,
69.Jitender s/o Sh.Sheoram, r/o VPO Chachroli,
70.Sunil Kumar s/o Sh.Rishipal, r/o VPO Nathanpur,
71.Om Kumar s/o Sh.Maan Singh, r/o VPO Hasanpur,
72.Amit Kumar s/o Sh. Pitambar Singh, r/o VPO Dadupur Head,
73.Neeraj Kumar s/o Sh.Amar Singh, r/o VPO Mehar Majra,
74.Ms.Anita Sheoran d/o Sh.Kulbir Sheoran, r/o District Hisar.
75.Karnail Singh s/o Sh.Dharampal Singh, r/o VPO Naina, District Kaithal.
76.Jaideep Mor s/o Sh.Dilbag Mor, r/o Sector-7, Gohana, District Sonepat.
77.Satish s/o Sh.Dharampal, r/o VPO Bilaspur, District Yamunanagar.
78.Ms.Sujata d/o Sh.Ramesh Chander, r/o VPO Musyerur,
79.Munish Kumar s/o Sh.Satbir Singh, r/o H.No.31/7,Gohana
80.Ajay Kumar s/o Sh.Lal Chand, r/o VPO Gudana Sherpur,
81.Yogesh Kumar s/o Sh.Satbir Singh, r/o VPO Ghauri, Tehsil
Palwal, District Faridabad.
82.Ms.Pooja Sharma d/o Sh.Jai Parkash Kaushik, r/o Tehsil Palwal, District Faridabad.
83.Sumit Kumar s/o Sh.Dharambir Singh, r/o H.No.9, New Colony, Palwal, District Faridabad.
84.Indraj Khutela s/o Sh. Prem Raj, r/o VPO Dhudola, Tehsil Palwal, District Faridabad.
85.Ms.Suman d/o Sh.Chetan Parkash, r/o 392/24, Jawahar Nagar, Tehsil Palwal, District Faridabad.
86.Lalit Kumar s/o Sh.Om Pal, r/o Fatehpur Tagah,
District Faridabad. ....RESPONDENTS
Hon’ble Mr. Justice Ashutosh Mohunta.
Hon’ble Mr. Justice R S Madan
S/Shri Ram Kumar Malik, DS Patwalia, Sumeet Sheokhand, Anand Bhardwaj, Jagbir Malik, Tara Chand Dhanwal, Ranjit Saini, Pritam Saini, BK Bagri, Girish Agnihotri, DP Malik, Ravi Kumar, Narender Kumar Sharma, Jitender Singh Chahal,
AKS Goyat, Karamveer Singh, JS Saneta, Dinesh Kumar Jangra, RS Mamli, Amar Vivek, Umesh Narang, ML Sharma, DS Nirban, VS Punia, Mani Ram Verma, Parminder Singh, Raman Chawla, Jagdip Singh, JS Chahal, Surya Kant Gautam, PK Ganga, Raminder Chauhan, Sanjeev Kodan, Vivek Suri, RK Hooda,
HN Khanduja, Ramesh Chahal, Madan Pal, Sudhir Aggarwal, JP Sharma, MK Sangwan, Rajesh Bansal, Minderjit Yadav, Pardeep Solat, PR Yadav, YP Malik, Vinod K.Soni, Ramesh Sharma
and Mr.Rajinder Singh Malik, Advocates for the petitioners.
Dr.Anmol Rattan Sidhu, Additional Advocate General, Haryana for the respondent-State.
Mr.Akshay Bhan, Advocate for respondents 4 to 8.
Ms.Alka Chatrath, Advocate for respondents No.9 to 42.
Mr.Puneet Bali, Advocate for respondents No.43 to 86.
Mr.SC Sibal, Senior Advocate with
Mr.VS Rana, Advocate for the respondent-University.
This is a bunch of 113 petitions bearing Civil Writ Petitions No.16715, 17344, 17860, 18238, 20577, 20617, 20641, 20847 and 20848 of 2006 and Civil Writ Petitions No.39, 40, 41, 50, 53, 54, 99, 120, 135, 153, 176, 224, 230, 232, 233, 238, 240, 260, 275, 281, 289, 291, 301, 302, 304, 305, 318, 320, 325, 340, 361, 366, 388, 395, 412, 417, 423, 465, 495, 497, 503, 505, 508, 512, 527, 570, 587, 603, 604, 624, 652, 682, 731, 732, 739, 753, 760, 765, 771, 776, 779, 794, 803, 863, 865, 949, 959, 1014, 1024, 1033, 1154, 1253, 1269, 1413, 1478, 1516, 1530, 1572, 1658, 1693, 1730, 1738, 1759, 1800, 1801, 1970, 2057, 2163, 3, 6, 530, 921, 2021 and 1616 of 2007 involving identical questions of law and facts, which have arisen out of an advertisement No.6 of 2006 date 20-07-2006 vide which the Haryana Staff Selection Commission (hereinafter referred to as ‘Commission’) invited the applications for 816 posts of the Arts and Craft Teachers in the State of Haryana.
During the pendency of these petitions, eight petitions which came up for urgent hearing are also being disposed of with this
petition. These are (1) CWP No.2315 of 2007 titled as Surinder Kumar and others Vs. State of Haryana; (2) CWP No.2323 of 2007 titled as Mamita Vs. State of Haryana; (3)CWP No.2328 of 2007 titled as Babli and others Vs. State of Haryana; (4)CWP No.2365 of 2007 titled as Seema Gupta and another Vs. State of Haryana; (5)CWP No.2409 of 2007 titled as Sudeep Kumar and others Vs. State of Haryana; (6)CWP No.2411 of 2007 titled as Reema Hans Vs. State of Haryana;
(7)CWP No.2438 of 2007 titled as Preeti Yadav Vs. State of Haryana; (8)CWP No.2446 of 2007 titled as Mahender Singh and others Vs. State of Haryana; (9) CWP No.2531 of 2007 titled as Karamvir and others Vs. State of Haryana and (10) CWP No.2624 of 2007 tiled as Narinder Kumar and another Vs. State of Haryana.
For the purpose of disposing of these writ petitions, the facts are being taken from the Civil Writ Petition No.20630 of 2006 titled as
Suman Lata and others Vs. State of Haryana and others.
Vide Annexure P5, respondent No.3 published advertisement No.6 of 2006 on 20-07-2006 inviting the applications to fill up 816 posts of the Arts and Craft Teachers from the candidates having the following qualifications:
(i) Matric from Haryana School Education Board or an equivalent qualification recognized by the Haryana School Education Board.
(ii)Two year Diploma in Arts 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.
The case of the petitioners is that they passed their matriculation examination, with the subject of Arts and Craft/Drawing, or they had passed subject of Arts and Craft/Drawing in their matriculation, as additional subject. All the petitioners have passed their two years diploma of Arts and Craft from Kurukshetra University, Kurukshetra. Kuruksehtra University, Kurukshetra, is the first University of State of Haryana. The
petitioners on the basis of their aforesaid qualifications applied for the
aforesaid post to the Commission. Their applications were not entertained for the reasons that the petitioners have since passed their two years Diploma of Arts and Craft from Kurukshetra University Kurukshetra, which is not recognized by the State of Haryana, which led to the filing of the aforesaid bunch of petitions. At the motion stage, all the petitioners in 110
petitions were ordered to be provisionally interviewed by the Commission.
It was on 12-12-2006 that The Director School Education, Haryana, Chandigarh, addressed a letter (Annexure P-6) to all
the District Education Officers, all the District Elementary Education Officers and Director SCERT Gurgaon vide which it was informed that Diploma in Art and Craft conducted by Director Industrial Training and Vocational Education Haryana is the only recognized course in the State of Haryana. The Diplomas/Certificates in Arts and Craft from the Kurukshetra University, Kurukshetra and other Universities are not recognized for the purpose of appointment for the Arts and Craft Teacher in Haryana State. This letter was signed by the Registrar Education (Schools) for Director School Education Haryana, Chandigarh, the validity of which is under challenge in these writ petitions.
It is pertinent to mention here that a letter Annexure P1 was written from the office of Financial Commissioner and Secretary to
Government of Haryana to Education Department, Chandigarh vide memo No.T5/84/79-Edu-II(2) dated 2.11.99. The relevant portion of the same is reproduced as under:
“It is now decided that the Degrees/Diplomas/Certificates/Examination recognized by the Kurukshetra University, Kurukshetra, Maharshi Dayanand
University, Rohtak, Guru Jambeshwar University, Hisar, Haryana Agricultural University, Hisar, N.D.R.I. Karnal, Board of
School Education Haryana, Bhiwani, State Board of Technical Education Haryana would stand recognized in the State of
Haryana for admission and recruitment purpose.
Further the department of Education, Haryana had given clear advice to the students and institutions imparting Arts and Craft
Diploma awarded by Kurukshetra University, Kurukshetra that the two years Arts and Craft Diploma awarded by the Kurukshetra University, Kurukshetra is recognized by the State of Haryana for appointment as Arts and Craft Teachers in the State of Haryana. Annexure P3 is the copy of the letter bearing memo No.3/12-2004/Cord(4) dated 27-05-2005 written to a student Sh. Yashpal informing him that the Arts and Craft Diploma awarded
by the Kurukshetra University Kurukshetra is recognized by the State of Haryana. The English translation of the same is reproduced as under:
From Director Secondary Education, Haryana.
Yashpal son of Sh. Hira Chand Gundli Ward No.10, Barwala, Hisar.
Near Airtel Tower.
Memo No.3/12-2004-Cord(4) Dated, Chandigarh 27.5.05.
Subject: Recognition of Art and Craft Diploma for Drawing Teachers.
With regard to matter under consideration, it is stated that Art and Craft Diploma awarded by Kurukshetra University, Kurukshera is recognized in the State of Haryana.
Deputy Director Coordination for Director Secondary
Education, Haryana, Chandigarh.
Annexure P4 is yet another letter, which was written to Sh. Joni Singh by the Director Secondary Education, Haryana, Chandigarh, on 30-05-2005, which is reproduced as under:-
“From Director Secondary Education Haryana Chandigarh.
1.Sh.Joni Singh, C/o G.N.Sansthan Kurukshetra,
Jangra Dharamshala, Near Chota Railway Station (Thanesar)
2. Principal, Bharti Vidya Mandir High School,Civil Hospital Road,
Memo No.15/67-2003-CO-(4) Dated: Chandigarh The 30.5.2005.
Subject:Regarding Recognition/Equivalence of the Diploma of Art and Craft conducted by the Kurukshetra University, Kurukshetra.
Reference on the subject cited above.
It is intimated that as per the instructions issued by the State Government vide memo No.26/54/99 Edu-I(2) dated 2.8.99 the Art and Craft Diploma Course conducted by the
Kurukshetra University, Kurukshetra is recognized in the State of Haryana.
Sd/- Superintendent Co-ordination For Director Secondary Education Haryana Chandigarh.
The Director, Secondary Education, Haryana addressed a letter (Annexure P2) to Director, Department of Public Relation Haryana, Chandigarh vide memo No.15/67/03-Cord(5) dated 20-4-2004, the relevant portion of which reads as under:
You are hereby informed that Government Instructions vide letter
Sr.No.26/5/99 Edu-II(2) dated 2.8.99 the Art and Craft Diploma issued by the Kurukshetra University, Kurukshetra is
recognized from Government of Haryana.
It was on the basis of these assurances from the Director,
Secondary Education, Haryana that the students took admission for Arts and Craft and continued with their Diploma study in Arts and Craft. The petitioners have also placed on record their Marksheet of Matriculation Certificate (Annexure P7 and Annexure P8 of additional subjects).
Petitioner-Suman Lata has also passed Ist year of Art and Craft examination in 2004 securing 713 marks out of 1000. Annexure P9 is the detailed marks of Ist year and Annexure P10 is the detailed marks of Ist and IInd year showing that Suman Lata secured 1435 marks out of 2000.
The petitioner also relied on Annexure P11, another letter dated 18-03-1975, in which the Government of Haryana has taken the
1.. Those degrees or diplomas etc. which are recognized by Govt. of India, those will be recognized by Government of Haryana also.
2 . D egrees and diplomas etc. awarded by recognized universities and High/Higher Secondary Boards established by State Governments will be ipso-facto recognized.
3. Apart from that, those degrees and diplomas about whom a reference came from other States, that shall be examined and such degrees and diploma shall be recognized reciprocal basis.
4. Apart from this, application for recognitions are from such institutions which are not covered in any of these three, particularly such institutions are in the subjects of Music and Arts etc. and many of them have already obtained recognition. No similar policy can be formed for such institutions and degrees/diplomas awarded by those for recognition. If such request is received it can be looked on its own merits.
The petitioners on the strength of these letters and instructions of Government of Haryana issued from time to time claimed that the Diploma awarded to them in Arts and Craft by the Kurukshetra
University, Kurukshetra has since been recognized by Government of Haryana, and, therefore, they are eligible to be considered for the 816 posts of Arts and Craft Teachers advertised by the Commission, vide advertisement Annexure P5 as under:
Cat.No.22 816 posts of Arts and Crafts Teacher (General=387, SC-A=82, SC-B=82, BCA= 131, BC-B=88, WSM(Gen)=29, ESM
(SC-A)-1, ESM (SC-B)-1, ESM (BC-A)-3, ESM (BC-B)=3, Outstanding Sportsperson (Gen)=4, Outstanding Sportsperson (SC-A)=1, Outstanding Sportsperson (SC-B)=1, Outstanding
Sportsperson (BC-A)=2, Outstanding Sportsperson (BC-B)=1)”
It is pertinent to mention here that fact that some of the petitioners in various petitions were working as Arts and Craft Teachers (Guest Faculty) in various Government Schools further manifest that they are eligible to teach the Arts and Craft to the students and, thus, they are eligible to be considered against the regular posts advertised by the Commission.
The respondents filed written statement in this petition and prayed that this written statement be read as the written statements in all the petitions.
In written statement the respondents took up the following plea by way of preliminary objections:
That the Diploma of Art and Craft is given by the Industrial Training and Vocational Education Department Haryana to the students who attend regular classroom teaching. Most of the subjects are practical subjects and their studies can not be possible through Distance Education. The Diploma of Art and Craft issued by the Kurukshetra University was given through Distance Education.
Thus the same can not be equated with the Diploma given through regular class room studies. Moreover, the Diploma issued by the said University was only for enhanced academic qualifications. The 2 Year Diploma in Art and Craft was started by the Kurukshetra University, Kurukshetra through Service Providers under correspondence courses w.e.f 2003-2004 without the permission of the Govt. of Haryana. Consequent upon the introduction of this course by the Kurukshetra University, Kurukshetra, the Director of Industrial Training and
Vocational Education, Haryana took a serious view in the matter because their Department is also running a similar course in I.T.Is. The letter is approved by the National Apprenticeship Board and the Board of Vocational Education and Industrial
Training. The Vocational Education department informed vide letter dated 24.11.2003 (Annexure R-1) that this course was not recognized by the Education Department as well as Department of Industrial Training and Vocational Education, Haryana. A meeting was convened by the Financial Commissioner and Principal Secretary Industrial Training and Vocational Education Department on 27-11-2003 to discuss this matter. Minutes of the meeting are annexed at Annexure R-II. It was decided in the meeting to ask the Kurukshetra University to discontinue this course from the next academic session i.e. 2004-2005 as this
course is highly practical-oriented and running it through distance education will not be in the best interests of the students.
Moreover, the University issued a caution notice in various leading news-papers in which it was made clear that some
institutions, parties had given misleading advertisements for the Kurukshetra University course of Art andCraft diploma as a teacher training course. A copy of caution notice is annexed at Annexure R-III. It has been clarified in this notice that all DCC Courses including the diploma in Art and Craft of Kurukshetra University course do not guarantee any specific job. Thus Kurukshetra
University has itself clarified that the Art and Craft diploma given by the University is not a Teacher Training Course. Keeping in view all these facts, the respondents decided not to give recognition to the diploma in Art and Craft of Kurukshetra University and other
Universities for the purpose of appointment as Art and Craft Teacher vide letter No.22/29-2006 CandV (3)/CO-4 dated 12-12-2006. Thus, the petitioners have no right or cause of action for filing such petition as the University which granted such
diplomas through Distance Education is not recognizing it as a teacher training course and has admitted in clear terms vide
Annexure R-III that it is a general course in the Area of Art and Craft and the University has not made any commitment of job
describing it as a teacher training course in Art and Craft. It is a course different from the Art and Craft teacher training course
conducted by the Institutions of the Department of Industrial Training and Vocational Education Department Haryana.
So far as Anexure P2, P3, P4 are concerned, the State Government vide memo No.20/54-99Edu (2) dated 02-08-1999 recognized the Art and Craft diploma conducted by the Kurukshetra University under some wrong impression that said course might have been a regular course for teacher training. But as
soon as it came to the knowledge of the State Government that the said diploma is only an academic qualification and different from the course conducted by the Industrial Training and Vocational Education Haryana, the State Government decided not to recognize the Art and Craft diploma as a teacher training course for the reason stated above. The above stated letters are meaningless now and have no relevancy in the present facts and
circumstances as detailed above. These letters in no way give any right to the petitioners to consider their diplomas for recognition and to consider them for appointment as Art and Craft teachers. Thus the present petition is without any merit and
without any cause of action and deserves to be dismissed.
On merits, it was pleaded that once the diploma certificates of Arts and Craft from Kurukshetra University is not recognized for the purpose of appointment, it does not amount that the de- recognition took place on 12-12-2006. It actually de-recognizes such displomas from the very inception. The respondents-State relied upon Annexures R-1,R-II and R-III.
Annexure R-1 is a letter dated 24-11-2003 written on behalf of Director and Secretary to Government of Haryana, Industrial Training and Vocational Education Department, Haryana addressed to the Higher Education Commissioner and Director, Correspondence Courses, Kurukshetra University, Kurukshetra informing them that a meeting is convened on 27-11-2003 under the Chairmanship of the Financial Commissioner and Secretary to Government of Haryana, Industrial Training and Vocational Education Department, Haryana regarding Arts and Craft course started by Kurukshetra University, Kurukshetra from the session
2003-2004. The said letter is reproduced as under:
From Director, Industrial Training and Vocational Education Department, Haryana.
1.Sh. Dhanpat Singh, Higher Education Commissioner, Haryana,
Higher Education Department.
2. Director Correspondence Courses Kurukshetra University, Kuruksehtra.
Memo No.T-3/Art and Craft/Complaint 26586 Dated 24-11-2003
Subject: Regarding starting of Art and Craft Professional Diploma through Correspondence from Kurukshetra University.
The Kurukshetra University, Kurukshetra has started two years
Art and Craft Professional Diploma Course through Correspondence.
This Diploma Course has not been given recognization by Education Department and Industrial Training and Vocational Education Department, Haryana.
The Finance Commissioner and Secretary to Government of Haryana Industrial Training and Vocational Education Department, Haryana has called a meeting on 27-11-2003 dated 11 A.M. Room No.335, IIIrd Floor, New Secretariat, Sector-17, Chandigarh to consider the matter of recognization course being run through correspondence course by Kurukshetra University. You are requested to kindly attend this meeting.
Director and Under Secretary to Govt. of Haryana Industrial Training and Vocational Education Department, Haryana.
In pursuant to Annexure R-I, on 27-11-2003, a meeting was called under the Chairmanship of Financial Commissioner and
Principal Secretary to Government Haryana, Industrial Training and
Vocational Education Department regarding Arts and Craft course started by Kurukshetra University, Kurukshetra, from the Session 2003-2004. The said meeting was though called by the Financial Commissioner and Principal Secretary to Government Haryana (IT and VE) but it was not attended by the Financial Commissioner.
The minutes of the meeting recorded therein are reproduced as under vide Annexure R-II:
1.Sh.Dhanpat Singh, IAS Higher Education Commissioner,
2.Sh. Rajbir Singh, IAS Director, Industrial Training and Vocational
3.Sh. L.C.Gupta, Director, Correspondence courses, Kurukshetra University, Kurukshetra.
1.Director Industrial Training informed that Kurukshetra University, Kurukshetra has started a 2 Year Art and 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 and 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 and Craft Teachers Training Course is already being run by the Department of Industrial Training and Vocational Education, Haryana. By starting a course of a similar nature,
Kurukshetra University, Kurukshetra has stepped into the domain of the Industrial Training and 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
4. The Art and Craft Teachers Training Course being conducted by IT and VE Department is a recognized Vocational Course whereas the course of Art and Craft started by Kurukshetra University,
Kurukshetra is a course conducted through distance education and hence both these courses can not be equated.
It was decided that the Kurukshetra University, Kurukshetra may be requested through the Education Department, Haryana to discontinue this course from the next Academic Session 2004-2005.
Annexure R3 is a Caution Notice issued by Directorate of Correspondence Courses Kurukshetra University, Kurukshetra, whereby some of the instructions have been issued for advertisements by the Kurukshetra University for Course of Diploma in Arts and Craft as a teachers training course, offering clarification vide letter dated 27-10-2004.
A short reply has also been filed by Sh. PD Verma, Secretary, Haryana Staff Selection Commission on behalf of respondent
No.3 whereby he has almost taken similar stand as taken by respondents No.1 and 2. During the pendency of these petitions, the Civil Misc.
application No.1297 of 2007 under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure was moved on behalf of Devender Bhankar and others to implead them as party to the petition because the outcome of the result of the writ petition was to affect their service career. They sought that they be impleaded as respondents No.4 to 8. The Civil Misc. application No.1297 of 2007 was allowed by this Court vide order dated 15-02-2007.
The Registry of the Court was directed to do the needful.
The respondents in this case are the candidates, who have passed their Arts and Craft Course from Department of Industrial
Training and Vocational Education, Haryana. They have also placed on record their certificates vide Annexure A-1.
The respondents further relied upon letter Annexure A-2
alleged to have been written by Directorate of Correspondence Courses, Kurukshetra University, Kurukshetra, dated 24-12-2004 to Mr.Mahavir Azad Shastri, Editor, “Vanaushidi Mala”,M.C.Colony, Charkhi Dadri, the relevant extract is reproduced as under:
Hence it is thus, obvious that the distance education course of 2 year Diploma in Art and Craft is a course recognized by the
Kurukshera University for which No Objection Certificate has also been issued by the State Government for running this course during this session. However, as already mentioned in the Caution Notice got published by the University in the leading newspaper the University do not guarantee any specific job
for any of the courses including the Diploma in Art and Craft.
Annexure A3 and Annexure P1 are the same letters written by The Financial Commissioner and Secretary to Government Haryana, Education Department, Chandigarh to the Director of Higher Education, Haryana, Chandigarh; Director of Secondary Education, Haryana, Chandigarh; Director of Primary Education, Haryana, Chandigarh and Director, SCERT, Haryana, Gurgaon where the decision was taken on the basis of Civil Writ Petition No.16320 of 1996 Ram Bhagat etc. Vs. State of Haryana and others and directions were given to the Government of Haryana to form a Committee headed by Secretary to the Government of
Haryana, Education Department and laid down policy for recognition of various Degrees/Diplomas/Certificates awarded by different institutions and it was decided as under:
(i) That the Degrees/Diplomas/Certificates/Examinati ons recognized by the Kurukshetra University, Kurukshetra, Maharishi Dayanand University, Rohtak, Guru Jambheshwar University, Hisar, Haryana Agricultural University, Hisar, NDRI
Karnal, Board of School Education Haryana, Bhiwani, State Board of Technical Education Haryana would stand recognized in the State of Haryana for admission and recruitment purposes.
(ii)The Teacher Training Courses recognized by the National Council of Teacher Education (NCTE), New Delhi would also stand recognized in the State of Haryana for the purpose.
(iii)All examination of Foreign Universities/Boards/Examination
Bodies which has been recognized by Association of Indian Universities and the University Grant Commission (UGC), New Delhi be recognized.
(iv)The Medical Qualifications of all the statutory Instiutions/Universities recognized by the L.L.B. Degree of
Statutory Institutions/Universities recognized by the Bar Council of India be recognized. The Diploma in Pharmacy course conducted by Board of Technical Education and Universities in India recognized by Pharmacy Council of India be recognized.
Technical degrees/diplomas recognized by All India Council of Technical Education would also be recognized if the
examination is conducted by the approved University/Board.
(v) While imparting recognition/equivalence to any examination in the State of Haryana for the purpose of admissions/recruitment,
the opinion of the State Universities, School Education Board or the Technical Education Board as the case may be would be sought.
Another application under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure was also moved by 34 candidates on similar lines through their counsel Ms.Alka Chatrath vide Civil Misc. No.2490 of 2007, whereby the applicants sought that they be impleaded as party to the petition as the outcome of this writ petition was likely to affect their future career. The Civil Misc. application was allowed and applicants were ordered to be impleaded as respondents. Registry was directed to do the needful.
Another application under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure was also moved by 44 candidates on similar lines through their counsel Mr.Puneet Bali vide Civil
Misc.No.1967 of 2007 whereby the applicants sought that they be impleaded as party to the petition. The said Civil Misc. application was allowed and the applicants were ordered to be impleaded as respondents.
Learned counsel for the parties have been heard. Their arguments were almost common and based on the documents mentioned in the writ petition. Therefore, they are not being discussed individually.
Learned counsel for the petitioners submitted that it is the case of the petitioners that they have secured two years Diploma in Arts
and Craft from Kurukshetra University, Kurukshetra, which is duly
recognized by the State of Haryana in view of the blanket instructions (Annexure P1) issued by the Government of Haryana vide memo No.T5/84/79-Edu-II(2) dated 2-11-1999 and subsequent letter written to the candidates vide Anexures P3 and P4. The instructions issued by the Government of Haryana vide letter dated 2-11-1999 were further reiterated by the Director, Secondary School, Haryana vide Annexure P2 on the subject answering for “Sawal Janta Ka Jawab CM Ka” column in Danik
Jagran. To buttress the arguments, it was submitted that Annexure P3 letter dated 27-5-2005 and letter Annexure P4 dated 30-5-2005 were sent to the candidates informing them that the two years Diploma in Arts and Craft Diploma of Kurukshetra University, Kurukshetra is duly recognized by the Government of Haryana, which makes crystal clear the issues involved in these writ petitions.
Learned counsel submitted that the petitioners have applied for the post of Arts and Craft Teachers as per advertisement Annexure P5 to the Commission at the relevant time. There is no document
through which the general public at large was informed that two years diploma of Arts and Craft secured through Kurukshetra University, Kurukshetra, is not recognized. It was for the first time that vide Annexure P6 letter dated 12-12-2006, the Director School Education, Haryana, Chandigarh informed to the various officers of Education Department of the State about the non-recognition of the Diplomas/Certificates in Arts and Craft obtained from Kurukshetra University, Kurukshetra, by the Government of Haryana. This letter Annexure P6 does not disclose that any policy decision has been taken by the State Government.
Learned counsel submitted that letter Annexure P6 is otherwise not going to affect the rights of the petitioners because it does not disclose whether this letter is prospective or retrospective.
In support of his arguments, reference was made to P.Mahendran and others Vs. State of Karnataka and others reported as (1990) 1 Supreme Court 411 wherein para no.5 of the judgment, it is observed as under:
It is well settled rule of construction that every statue or statutory rule is prospective unless it is expressly or by necessary
implication made to have retrospective effect. Unless there are words in the statute or in the Rules showing the intention to
affect existing rights the rule must be held to be prospective. If a rule is expressed in language which is fairly capable of either
interpretation it ought to be construed as prospective only. In the absence of any express provision or necessary intendment the rule cannot be given retrospective effect except in matter of procedure. The amending Rule of 1987 do not contain any express provision giving the amendment retrospective effect nor there is anything therein showing the necessary intendment
for enforcing the rule with retrospective effect. Since the amending Rules were not retrospective, it could not adversely affect the right of those candidates who were qualified for selection and appointment on the date they applied for the post, moreover as the process of selection had already commenced when the amending Rules came into force, the amended Rules could not affect the existing rights of those candidates who were being considered for selection as they possessed the requisite qualifications prescribed by the Rules before its amendment moreover construction of amending Rules should be made in a
reasonable manner to avoid unnecessary hardship to those who have no control over the subject matter.
Reference was also made to the Full Bench judgment passed in Neelam Kumari Vs. State of Punjab and others reported as
1993(1) RSJ 327 where the Full Bench observed that when the petitioner completed the Course and applied for job, such certificates were recognized by the State of Punjab and if subsequently the State of Punjab decided to de-recognize such certificates, same would be prospectively and will not apply retrospectively.
Reference was also placed on Suresh Pal and others Vs. State of Haryana and others reported as AIR 1987 SC 2027 where His Lordship observed as under:
It would be unjust to tell the petitioners now that though at the time of their joining the course it was recognized, yet they cannot be given the benefit of such recognition and the certificates obtained by them would be futile, because during the pendency of the course it was derecognized by the State Government on 9th January, 1985. We would, therefore, allow the appeal and direct the State Govt. to recognize the certificates obtained by the petitioners and others similarly situate as a result of completing the certificate course in Shri Hanuman Yayayam Prasarak Mandal Amravati for the purpose of appointment as Physical Training Instructor in Govt. Schools in Haryana.
Learned counsel further submitted that it is an admitted fact that Government of Haryana had been all through proclaiming to the
candidates world about the recognition of the two years Diploma in Arts and Craft issued by the Kurukshetra University as duly recognized course for the purpose of admission and employment. A reference with advantage in this context may be made from Annexures P1, P2, and P3. The scenario is changed when the note of dis-cordent was appended in the minutes of the
meeting of the Officers vide Annexures R1 and R2 to the effect that the Diploma of Arts and Craft issued by the Kurukshetra University and issued by the Director of Industrial Training and Vocational Education, Haryana cannot be equated with each other. Despite the decision taken in the meeting on 27-11-2003, the decision did not see the light of the day. Even the State Government failed to adhere to the decision taken in the meeting held on 27-11-2003. Rather the Government had reiterated its stand to the students on enquiry that the Diploma in Arts and Craft of Kuruksehtra University, Kurukshetra is duly recognized by the State of Haryana vide Annexures P3 and P4 i.e. letters dated 27-5-2005 and 30-5-2005 respectively as reproduced in the earlier part of the judgment. The candidates were never conveyed any decision of the Government about the non-recognition of two years Diploma in Arts and Craft from Kurukshetra University, Kurukshetra. It was for the first time that vide letter Annexure P6 dated 12-12-2006, the various Education Departments were informed. It is this letter, which is now under challenge in these writ petitions. This letter can at the most be given prospective effect and under no circumstance it can be given the retrospective effect. It superseded the instructions issued by the Financial Commissioner vide Annexure P1.
Moreover, this is not a decision of the Government taken under any Rules or Statute.
The plea of the State that the candidates were required to attend the classes for the regular course as well as have to undergo practical training in the ITI is the only recognized Diploma was taken after the closing date of inviting the applications had expired. Therefore, it does not affect the rights of the petitioners.
One of the redeeming features is the appointment of various candidates against the post of Arts and Craft Teacher as Guest
Faculty in various Government Senior Secondary Schools run by the Government at different places in the State of Haryana which further shows that the Government of Haryana has recognized these Diplomas to educate the students of Arts and Craft subjects. No objections were ever raised against their appointment as Art and Craft Teachers as Guest Faculty.
Ms.Alka Chatrath, Advocate, however, while resisting the claim of the petitioners submitted that in view of the Central Government Gazette Notification issued by the Ministry of Human Resource Development (Department of Education) dated 1-3-1995, it was incumbent upon the University to have the permission of All India Council for Technical Education before the course started.
She drew our attention to Annexure A4, a letter dated 13-10-2006 written by Prof. Rajnish Shrivastava, Advisor (Academic and PC) to one Tara Chand Yadav, P.O. Village Noorpur, Badshapur, District Gurgaon, Haryana that Director of Correspondence Courses, Kurukshetra University, Kurukshetra does not have the approval of AICTE for conducting of Diploma in Arts and Craft (Distance Education mode). She, thus, prayed that without there being any permission from the AICTE, Diploma by the Kurukshetra University, Kurukshetra is not recognized Diploma and Commission was well within its right to reject the candidature of the petitioners.
This point was considered by the Division Bench of this Court in CWP Nos.212, 288, 290, 293, 3227 and 2895 of 2004 in Sandeep and others Vs. State of Haryana and others, where the Division Bench observed as under:
Admittedly all diplomas awarded by the recognized Universities are deemed to be recognized by the State of Haryana.
Question is whether a diploma awarded by a University required approval of All India Council. This matter came up for hearing before the Apex Court in Bharathidasan University and another Vs. All India Council for Technical Education and others, AIR 2001 C 2861.
After referring to the scheme of the Act and particularly various clauses of Section 10 and clause (h) of Section 2, it was held that the diplomas awarded by a University did not require approval of All India Council. Thus contention raised on behalf of the State cannot be accepted.
Mr. Akshay Bhan, learned counsel appearing on behalf of respondents No.4 to 8 submitted that keeping in view the advertisement Annexure P5 where the education qualifications mentioned in Clause 2 is as under:
(ii) Two year Diploma in Arts and Craft examination conducted by the Haryana Industrial Training Department or an equivalent qualification recognized by the Haryana Education Department.
Learned counsel submitted that one of conditions is that a candidate, who possesses an equivalent qualification recognized by the Haryana Education Department can be considered for the advertised post of Arts and Craft Teachers.
In support of his arguments, he also relied upon Annexure R-II i.e. the minutes of the meeting held on 27-11-2003 where in
para No.4, it was observed as under:-
4. The Art and Craft Teachers Training Course being conducted by IT and VE Department is a recognized Vocational Course whereas the course of Art and Craft started by Kurukshetra University,
Kurukshetra is a course conducted through distance education and hence both these courses can not be equated.
The learned counsel submitted that in view of the observations recorded in the minutes of the meeting dated 27-11-2003, the
petitioner could not be termed as possessing equivalent qualification recognized by the Haryana Education Department.
This view was expressed by the members attending the meeting.
The learned counsel further submitted that a table drawn in the Civil Misc. Applications No.1297 of 2007 would further manifest that both the courses are not equivalent courses, therefore, the petitioners have no right to claim themselves to be eligible for the appointment as Arts and Craft Teachers. The said table is reproduced as under:
Sr.No. Arts and Crafts Training Course from Department of Industrial Training and Vocational Education, Haryana Arts and Crafts Diploma from Kurukshetra University, Kurukshetra
1. Regular Course having 2 theory papers and 8 practicals.
Correspondence course having 2 theory papers and 6 practicals.
2. Admissions on the basis of merit i.e. Matric’s percentage with Drawing as one of the subject.
No eligibility criteria only 10+2 is the eligibility in any stream. No merit determination and no age bar.
3. Reservation policy applicable.
No reservation policy.
4. Limited seats i.e. 30 students consists of one unit.
No limited seats.
5. Internal assessment of 160 marks.
No internal assessment.
6. Regular practical classes in lab such as:-
a) Wood work;
b) Clay modeling;
d) Applied Art;
e) Scale Geometry;
f) Design and poster; and
g) Still life.
No regular practical classes as the same is correspondence course.
The aforesaid table would have some relevancy but it loses the significance in the presence of the constant proclamation made by the Government to various candidates from time to time vide Annexures P3 and P4 that two years Diploma in Arts and Craft conducted by the Kurukshetra University, Kurukshetra is recognized by the State of Haryana.
Learned counsel contended that which course is recognized or not falls within the ambit of the policy of the State Government and Court should refrain themselves from pondering over the issue.
Reference can be taken from State of Karnatka and others Vs. Lata Arun in which it was held that it is not for Courts to determine whether a particular educational qualification possessed by a candidate should or should not be recognized as equivalent to the prescribed qualification and further held that such matter falls within the realm of policy decision to be taken by the State Government or the authority vested with power under any statute.
In the light of our above discussion, we are of the view that two years Diploma in Arts and Craft conducted by the Kurukshetra
University, Kurukshetra has since been recognized by the State of Haryana as per the documents Annexures P1,P2,P3,P4 and P11 already discussed in the judgment. Letter Annexure P6 dated 12-12-2006 does not disclose any policy of the Government except that it de-recognized the two years Diploma in Arts and Craft issued by the Kurukshetra University, Kurukshetra and it would not affect the rights of the petitioners to be considered for the post of Arts and Craft Teachers advertised by the Commission vide Annexure P5. Regarding the question of
recognition/equivalence to any examination in the State of Haryana for the purpose of admissions/recruitment, the opinion of the State Universities, School Education Board or the Technical Education Board as the case may be, would be sought. This decision was taken by the Financial Commissioner vide Annexures A-3 and Annexure P-1 (same documents).
So far as Annexure P6 is concerned, there is nothing on record to suggest that as to how Director School Education, Haryana Chandigarh came to the conclusion that the two years Diploma in Arts and Craft conducted by the Kurukshetra University, Kurukshetra is not recognized as it is not the outcome of any consultation of the Universities, School Education Board and Technical Education Board etc.
In this view of the matter, these petitions are accepted and it is held that the petitioners have a legal right to be considered eligible for the post of Arts and Craft Teacher on the strength of Diplomas secured by them from Kurukshetra University, Kurukshetra as valid for the purpose of the post advertised by the Commission. Letter Annexure P6 has not been widely circulated nor published in any newspaper for the purpose of notice to the general public. It also does not disclose its effect i.e. prospective or retrospective. This letter has also not superseded the instructions vide memo No.T5/84/79-Edu-II(2) dated 2.11.99. Its application can at the most be taken as prospective and not retrospective.
The petitioners, who have filed Civil Writ Petitions No.2315, 2323, 2328, 2365, 2409, 2411, 2438, 2446, 2531 and 2624 of
2007 on the same subject and having secured two years Diploma in Arts and Craft from Kuruksehtra University, Kurukshetra would be interviewed by the Commission on the strength of the Diploma being recognized by the State Government.
Before parting with the judgment, it is made clear that the interim order passed in various writ petitions directing the Commission
that the result would be kept in a sealed cover is hereby vacated to facilitate the Commission to declare the result of the candidates interviewed by it on any convenient date.
These writ petitions are disposed of on the terms indicated above. No order as to costs.
( R S MADAN)
RAJ KUMAR Vs HARYANA STAFF SELECTION COMMISSION ETC CWP 15123 of 2006In the High Court of Punjab and Haryana, Chandigarh
Date of Decision: September 21, 2006
Raj Kumar …Petitioner
Haryana Staff Selection Commission and others
HON’BLE MR. JUSTICE M.M. KUMAR
HON’BLE MR. JUSTICE M.M.S. BEDI
Mr. S.S. Godara, Advocate, for the petitioner.
M.M. KUMAR, J. (Oral)
The posts of Dispensor (Ayurveda) were advertised on
6.5.2006 and the last date for receipt of applications was 5.6.2006.
The petitioner duly applied for the post by attaching a certificate from the Course Coordinator, Vinayaka Mission’s Research Foundation Deemed University, dated 24.5.2006 (P-1) showing that the petitioner was a student of Diploma Upvaid 2nd Year and secured 496 out of 750 marks. It was further pointed out that marks sheet was awaited at that stage. The diploma, in fact, was given to the petitioner somewhere in August 2006. The Haryana Staff Selection Commission-respondent
No. 1 has rejected the candidature of the petitioner on the ground that CWP No. 15123 of 2006 he did not fulfil the requisite academic qualification on the cut off
date i.e. 5.6.2006, which was the last date of receipt of application.
The question for consideration before us is whether a
certificate like Annexure P-1, dated 24.5.2006, could be accepted as a Diploma Certificate in proof of having passed the aforementioned course or it is only the actual certificate awarded to the petitioner in August 2006 (P-4), which can be regarded as fulfilment of the
requirement of the advertisement Annexure P-2. It is appropriate to mention that the advertisement required a candidate to have passed qualification of Up-Vaidya from any recognized University/Institution; Matric or its equivalent; knowledge of Hindi and English upto Matric Standard or Diploma in Ayurvedic Pharmacy; 10+2 examination should be passed with Physics, Chemistry and Biology and knowledge of Hindi and English upto Matric Standard. The candidates were also required to attach the documents viz.
Matric/Higher Secondary School Certificate or its
equivalent showing date of birth and having passed in Hindi, certificate issued by the competent authority in support of the claim of belonging to the Scheduled Caste, Backward Class, Ex-servicemen and outstanding sportspersons, detailed marks sheets and certificates, degree etc. of all examinations passed from Matriculation to the higher qualification along with the application form. The certificate of experience was also required to be added.
Having heard the learned counsel for the petitioner, we
are of the view that the certificate dated 24.5.2006 (P-1) is far from fulfilment of the requirements of the advertisement, which mandated the attachment of detailed marks sheet and certificate along with degrees etc. There was neither any detailed marks sheet nor any diploma certificate with the petitioner on the cut off date i.e. 5.6.2006. The diploma certificate along with detailed marks sheet could be obtained by the petitioner only in August 2006.
Therefore, we are of the considered view that on the cut off date the petitioner did not fulfil the required qualification and the order passed by the respondent No. 1 Commission is unassailable. Therefore, there is no merit in the instant petition. Accordingly, the same is dismissed.
Some other Colleges in Haryana
Global institute of Management, Kodli
Gali Sidharath Hospital, Nahar Road,Upper on Morgaze Bank, Shiv Colony,
Kodli Distt. Rewari
Kodli (District )
JCD Institute of Business Management, Sirsa
Post Box 81, Barnala Road
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Regd Office : R.E.D. Sr. Sec. School
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