Neeraj Kumar vs State Of Haryana

NEERAJ KUMAR & ANR. ..... Petitioners

Vs.

STATE OF HARYANA & ORS. ..... Respondents

WITH

REVIEW PETITION (C) No. 373 OF 2022

REVIEW PETITION (C) No. 449 OF 2022

REVIEW PETITION (C) No. 450 OF 2022

REVIEW PETITION (C) No. 452 OF 2022

IN

CIVIL APPEAL No. 7031 OF 2021 (@ Special Leave Petition (C) No. 8670 of 2007 )

JUDGMENT

SANJAY KUMAR, J.

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 dated 22.02.2007. However, by judgment dated 24.11.2021, this Court

1 allowed Civil Appeal No. 7031 of 2021, titled ‘Devender Bhaskar & others vs. State

of Haryana & others’, and set aside the aforestated order dated 22.02.2007. 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 dated 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 20.07.2006 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 & Craft conducted by the Haryana Industrial Training

Department or an equivalent qualification, recognized by the Haryana Education

Department. Controversy arose vis-à-vis this eligibility condition as the Director,

School Education, Haryana, issued letter dated 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

2 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 dated 22.02.2007 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 dated 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 dated 24.11.2021.

4. Be it noted that, aggrieved by the action of the authorities in not

entertaining their applications on the ground that they had secured Diplomas from

Kurukshetra University, a number of prospective candidates had filed writ petitions

before the Punjab & Haryana High Court and interim orders were passed therein

permitting such persons to provisionally participate in the selection conducted by

the Haryana Staff Selection Commission. While so, the selection held pursuant to

Advertisement No. 6/2006 was quashed by a learned Judge of the Punjab &

Haryana High Court, vide judgment dated 20.02.2015 in CWP No. 18482 of 2020.

The same stood confirmed in LPA No. 359 of 2015, when it was dismissed by a

Division Bench on 10.10.2020. Special Leave Petition (C) No. 14481 of 2020 filed

before this Court against these decisions was also dismissed on 14.12.2020.

Pursuant thereto, a fresh selection was held, resulting in the selection list dated

14.11.2021, communicated by the Haryana Staff Selection Commission to the

Director General, Elementary Education, Haryana, under letter dated 17.11.2021.

This list indicated that 756 candidates stood selected and 64 candidates were

waitlisted. In all, 820 candidates found place therein. Out of these 820 candidates,

3 613 of the selected candidates and 54 candidates in the waiting list held Diplomas

from Kurukshetra University. On 04.03.2022, the Haryana Staff Selection

Commission recommended the appointment of only 153 candidates out of the 820

candidates, as the remaining 667 candidates possessed Diplomas from

Kurukshetra University. After this Court allowed Civil Appeal No. 7031 of 2021 by

judgment dated 24.11.2021, a batch of writ petitions came to be filed before the

Punjab & Haryana High Court once again. These cases were disposed of by the

High Court, vide order dated 09.11.2022 in CWP No. 24339 of 2021 and batch,

titled ‘Manoj Kumar & others vs. State of Haryana & others’, whereby the authorities

were directed to complete the selection process within a time frame, subject to the

result of these review petitions pending before this Court. Pursuant to the said

direction, the Haryana Staff Selection Commission addressed letter dated

27.12.2022 recommending 178 candidates for appointment. These candidates

possessed Diplomas in Art & Craft from the Haryana Industrial Training Department

and other institutions and not from Kurukshetra University. In effect, 331

appointments were made, leaving 485 of the 816 notified posts vacant.

5. Other candidates who stood similarly situated to the review petitioners

filed implead applications in Review Petition (C) No.154 of 2022, seeking to come

on record therein so as to protect their own interests. Those who are identically

placed with the review petitioners, in terms of having Diplomas in Art & Craft from

Kurukshetra University and were included in the selection list dated 14.11.2021,

would be entitled to intervene in Review Petition (C) No.154 of 2022. In

consequence, I.A. (D) Nos. 196076 & 196077 of 2022; 8739 & 8740 of 2023; 17023

4 & 17026 of 2023; 111065 of 2022; 130553 of 2022; 8258 & 8260 of 2023; 19545 &

19550 of 2023; 139476 & 139479 of 2022; 95282 & 95284 of 2023; 93137 & 99544

of 2023; 91498 & 91500 of 2023; 93761 & 93763 of 2023; 96084 & 96087 of 2023;

96504 & 96505 0f 2023; 96609 & 92193 of 2023; 106169 & 106171 of 2023;

106374 & 106375 of 2023; and 165801 & 165805 of 2022 are allowed and the

applicants therein, 102 in all, are brought on record. However, insofar as three of

the applicants in I.A. No. 95284 of 2023 are concerned, viz., Urmila Devi, Suman

Lata and Jyoti, their results are yet to be declared and, as of now, they do not find

mention in the selection list dated 14.11.2021. So too is the case with Vivek Kumar,

the applicant in I.A. (D) No. 106171 of 2023. They would be entitled to relief, if any,

subject to declaration of their results and their securing a place in the selection list.

6. Similar applications were filed in Review Petition No. 450 of 2022 by

candidates identically situated to the review petitioners therein. In consequence,

I.A. (D) Nos. 95410 & 99854 of 2023 are allowed and the 37 applicants therein are

brought on record. I.A. No. 131988 of 2022 was filed by the review petitioners in

Review Petition No. 450 of 2022 seeking to implead Kurukshetra University,

Haryana, as a party respondent. However, in the light of the stand now taken by the

Government of Haryana, the I.A. is rendered otiose and is accordingly rejected.

7. Candidates who did not pass either the selection examination or the

interview and did not figure in the selection list dated 14.11.2021 cannot now seek

to be placed on par with those who were either selected or waitlisted therein. They

would, therefore, not be entitled to intervene in the review petitions and seek relief,

be it by asking for relaxation or reduction of the pass marks in the selection

5 examination or interview. I.A. (D) Nos. 95450 & 95452 of 2023; 95458 of 2023;

106402 & 106403; and 101791 of 2023 in Review Petition (C) No. 154 of 2022 are

dismissed. I.A. (D) No.84254 of 2023 in Review Petition (C) No. 154 of 2022 is

dismissed in so far as Applicant No.14 therein is concerned. Applicant Nos. 1 to 13

also filed I.A. (D) Nos. 93707 & 95065 of 2023, which are considered hereunder.

8. Those thirteen candidates were appointed pursuant to the second

recommendation letter dated 27.12.2022 of the Haryana Staff Selection

Commission and filed I.A (D) Nos. 93707 & 95065 of 2023 seeking to be impleaded

in Review Petition (C) No. 154 of 2022. As they have a vital interest in the outcome

of the review petition, their applications are allowed and they are brought on record.

However, respondent Nos. 324, 328, 329, 334, 338, 358, 373 and 380 in Review

Petition (C) No.154 of 2022, who held the prescribed Diploma in Art & Craft from

the Haryana Industrial Training Department, failed to qualify in the selection

process. They, therefore, cannot seek any relief from this Court.

9. In so far as the merits of these review petitions are concerned, it may

be noted that pursuant to the order dated 16.05.1999 passed by the Punjab &

Haryana High Court in CWP No. 16320 of 1996, titled ‘Ram Bhagat & others vs.

State of Haryana & others’, the Government of Haryana had constituted a

Committee to go into the issue of equivalence and recognition of Examinations/

Degrees/Diplomas/Certificates awarded by Institutions other than Universities

established by law or by Deemed Universities. Accepting the report of the

Committee, the Financial Commissioner & Secretary to Government, Education

Department, Haryana, addressed letter dated 02.11.1999 to other authorities in the

6 State informing them that it had been decided that the Degrees/Diplomas/

Certificates/Examinations of Kurukshetra University, amongst others, would be

recognized in the State of Haryana for admission and recruitment purposes. It was

in the light of this policy decision that the Punjab & Haryana High Court set aside

the later communication dated 12.12.2006, stating to the contrary.

10. While so, it is now the admitted position that the Government of

Haryana is willing to accept the Diploma in Art & Craft from Kurukshetra University

as an equivalent qualification to the Diploma in Art & Craft secured from Haryana

Industrial Training Department. It appears that the Director, Elementary Education,

Haryana, addressed letter dated 23.01.2023 to Kurukshetra University seeking a

clarification regarding the equivalence of these qualifications. Reference was made

therein to the letter dated 08.12.2021 issued by the Kurukshetra University,

certifying that the Art & Craft Diploma offered by it was equivalent for all purposes to

the Art & Craft course conducted by the ITI, Haryana. In response thereto, the

Kurukshetra University addressed letter dated 31.01.2023, stating that a Standing

Committee was constituted to examine the matter of equivalence and, pursuant to

its deliberations in the meeting held on 08.12.2021, the Committee recommended

that both the courses be treated as equivalent for all purposes. This

recommendation was made after comparing the syllabus and finding that both

courses were of equal standard in terms of content, credit requirements and

attainment level. It was approved by the Vice-Chancellor of the Kurukshetra

University and the same was, accordingly, informed to the Director, Elementary

Education, Haryana.

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11. That apart, letter dated 19.05.2023 addressed by the Director,

Elementary Education, Haryana, to Mr. Lokesh Sinhal, learned Senior Additional

Advocate General, Haryana, is placed on record and it reads as follows: -

‘From Director, Elementary Education, Haryana, Shiksha Sadan, Sector 5, Panchkula. To Sh. Lokesh Sinhal, Senior Additional Advocate General, Haryana, Supreme Court of India, New Delhi

Memo. No. 17/140-2022 TGT R&A(4) Dated, Panchkula, the 18.05.2023

Subject: - Review Petition No. 154 of 2022 titled Neeraj Kumar & Anr. Versus State of Haryana & Ors. and connected Review Petitions in Civil Appeal No. 7031 of 2021.

******* Respected Sir,

In reference to your Email dated 16.05.2023 & 17.05.2023, it is submitted that the Government has given permission/one time relaxation to convert 178 posts of TGT Art to the post of Art & Craft Teacher (Diminishing Cadre), so that all the review petitioners and effected person having Diploma from Kurukshetra University, Kurukshetra (i.e. 667 candidates) who were in the first select list dated 17.11.2021 sent by HSSC can be accommodated without effecting any person who has already been appointed (including 178 candidates appointed conditionally vide order dated 09.11.2022 passed by Hon’ble Punjab & Haryana High Court in CWP No. 24339 of 2021). The above said decision taken by the Government not to be treated as precedent.

Hence, it is requested to apprise above said facts before the Hon’ble Court during the course of hearing of the case.

Sd/-

18/5/23 Joint Director, TGT R&A for Director Elementary Educational Haryana, Panchkula’

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12. The above communication manifests that the Government of Haryana

is now ready to accommodate and appoint candidates with Diplomas in Art & Craft

from Kurukshetra University, who were found meritorious and were included in the

selection list dated 14.11.2021, without adversely affecting the 178 candidates who

were conditionally appointed pursuant to the directions of the Punjab & Haryana

High Court. As it is no longer in issue that the Diplomas in Art & Craft secured from

Kurukshetra University by the 667 candidates in the selection list dated 14.11.2021

stand on par with the Diploma in Art & Craft from Haryana Industrial Training

Department, there would be no hindrance to their being considered for appointment

and this Court is not required to venture into the equivalence of these qualifications.

However, such appointments would now have to be made against the 663 notified

vacant posts that would be available, as the 178 appointees are being treated as

distinct and separate. These 178 appointees would have to be excluded from the

count of the notified posts under Advertisement No. 6/2006 as they were converted

as Art & Craft Teachers (Diminishing Cadre). Appointments to be made pursuant to

this judgment would have to be limited to the vacant posts notified under

Advertisement No.6/2006 and cannot be extended to later vacancies which have

arisen thereafter. Further, the appointing authority would have to strictly go by the

merit ranking in the selection list dated 14.11.2021 while making appointments to

these available notified vacancies without disturbing the appointments already

made or the seniority of such appointees, irrespective of whether or not such

appointees found mention in the selection list dated 14.11.2021 and if they did, their

merit ranking therein. This is because the review petitioners and others identically

9 situated are now being accommodated and appointed, despite the long lapse of

time since the inception of this recruitment process, and more particularly, as those

who were appointed have already put in significant length of regular service prior to

the belated entry of the new appointees into regular service at this stage. The entire

exercise pursuant to this judgment shall be completed by the authorities concerned

expeditiously and, in any event, not later than two months from the date of receipt

of a copy of this judgment.

The review petitions are disposed of accordingly.

Other pending I.A.s shall also stand disposed of.

In the circumstances, there shall be no order as to costs.

………………………………………...J [KRISHNA MURARI]

………………………………………...J [SANJAY KUMAR]

New Delhi;

July 3, 2023.

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