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

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

The High Court erred in holding the Kurukshetra University two-year Diploma in Art and Craft (awarded through distance education) equivalent to the two-year Diploma conducted by the Haryana Industrial Training Department; equivalence of qualifications, particularly for practical/teacher-training courses, is a technical matter for the State/recruiting authority and the distance-education diploma could not be equated with the regular classroom diploma for appointment as Arts and Crafts teachers.

Parties
Appellant: DEVENDER BHASKAR & ORS.; Respondent: STATE OF HARYANA & ORS.
Jurisdiction
India
Judgment Date
24 November 2021
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of the High Court (division Bench)
Outcome
Appeal allowed
Legal Topics
Equivalence of Qualifications, Recognition of Diploma, Distance Education Vs Regular Education, Teacher Recruitment, Recruiting Authority Discretion
Judicial Review Education Employment Law Equivalence of Qualifications Recognition of Diploma Distance Education Vs Regular Education Teacher Recruitment Recruiting Authority Discretion

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Parties

DEVENDER BHASKAR & ORS.

Appellant

STATE OF HARYANA & ORS.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of the High Court (division Bench)

Legal Issues

  1. 1 Whether the two-year Diploma in Art and Craft from Kurukshetra University (distance education) is equivalent to the two-year Diploma in Art and Craft conducted by the Haryana Industrial Training Department
  2. 2 Whether the High Court was justified in holding the Kurukshetra University diploma equivalent for the purpose of appointment as Arts and Crafts teachers
  3. 3 Whether judicial review can override technical/equivalence determinations made by expert/administrative bodies

Ratio Decidendi

The High Court erred in holding the Kurukshetra University two-year Diploma in Art and Craft (awarded through distance education) equivalent to the two-year Diploma conducted by the Haryana Industrial Training Department; equivalence of qualifications, particularly for practical/teacher-training courses, is a technical matter for the State/recruiting authority and the distance-education diploma could not be equated with the regular classroom diploma for appointment as Arts and Crafts teachers.

Court Disposition

Appeal allowed

Orders

  • Judgment and Order of the High Court in CWP No.20630 of 2006 and connected matters set aside
  • Writ petitions dismissed