NEERAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) A recruitment process initiated in the year 2006 is still hanging fire. The Punjab & Haryana High Court allowed CWP No. 20630 of 2006 relating thereto, titled 'Suman Lata and others vs. The State of Haryana and others', by order dtd. 22/2/2007. However, by judgment dtd. 24/11/2021, this Court allowed Civil Appeal No. 7031 of 2021, titled 'Devender Bhaskar & others vs. State of Haryana & others', and set aside the aforestated order dtd. 22/2/2007. This Court held that equivalence of qualifications is a matter for the State, as the recruiting authority, to determine. This observation was made in the context of the High Court's finding that the Diploma in Art & Craft of Kurukshetra University was equivalent to the Diploma in Art & Craft of Haryana Industrial Training Department.

(2.) Review of the above judgment dtd. 24/11/2021 is sought by way of the present petitions. The review petitioners, 404 in all, secured Diplomas in Art & Craft from Kurukshetra University and are aggrieved by the finding of non-equivalence of their qualification with the Diploma in Art & Craft of the Haryana Industrial Training Department. The petitions for review are granted and the matter reheard at length.

(3.) Advertisement No.6/2006 was issued on 20/7/2006 by the Haryana Staff Selection Commission for filling up 816 posts of Art & Craft Teachers in the State of Haryana. The eligibility criteria prescribed therefor included, inter alia, a 2-year Diploma in Art and Craft conducted by the Haryana Industrial Training Department or an equivalent qualification, recognized by the Haryana Education Department. Controversy arose vis-A-vis this eligibility condition as the Director, School Education, Haryana, issued letter dtd. 12/12/2006 intimating that the Diploma in Art & Craft conducted by the Director, Industrial Training and Vocational Education, Haryana, was the only recognized course in the State of Haryana and that the Diploma in Art & Craft from Kurukshetra University and other Universities was not recognized for the purpose of appointment to the post of Art & Craft Teacher in the State of Haryana. It was this communication that was challenged before the Punjab & Haryana High Court in a batch of writ petitions, leading to the aforestated order dtd. 22/2/2007 holding that the 2-year Diploma in Art & Craft offered by the Kurukshetra University had already been recognized by the State of Haryana in 1999 and that the impugned communication dtd. 12/12/2006 did not disclose any policy decision to the contrary. However, as stated supra, this Court reversed the said verdict, vide the judgment dtd. 24/11/2021.