Supreme Court Reverses Stance on Diploma Equivalence for Art & Craft Teachers in Haryana: Neeraj Kumar & Anr. vs. State of Haryana & Ors. (2023) INSC 608 (03 July 2023)

Date of the Judgment: 03 July 2023
Citation: (2023) INSC 608
Judges: Krishna Murari, J., Sanjay Kumar, J.
Can a state government change its stance on the equivalence of educational qualifications mid-recruitment? The Supreme Court of India recently addressed this question in a case concerning the recruitment of Art & Craft teachers in Haryana. This case revolves around the recognition of diplomas from Kurukshetra University and the Haryana Industrial Training Department. The Supreme Court, in a review of its earlier judgment, has now ruled in favor of candidates holding diplomas from Kurukshetra University. The judgment was authored by Justice Sanjay Kumar.

Case Background

In 2006, the Haryana Staff Selection Commission initiated a recruitment process to fill 816 posts for Art & Craft teachers. The eligibility criteria included a 2-year Diploma in Art & Craft from the Haryana Industrial Training Department or an equivalent qualification recognized by the Haryana Education Department. A dispute arose when the Director of School Education, Haryana, declared that only the diploma from the Haryana Industrial Training Department was recognized, excluding diplomas from Kurukshetra University and other universities. This decision led to legal challenges and a protracted battle spanning several years.

Timeline

Course of Proceedings

The initial order of the Punjab & Haryana High Court, dated 22.02.2007, favored candidates with diplomas from Kurukshetra University, recognizing their equivalence with the Haryana Industrial Training Department diploma. However, this was reversed by the Supreme Court on 24.11.2021, which held that the determination of equivalence was the State’s prerogative. Subsequently, the selection process was quashed by the High Court, a decision upheld by the Supreme Court. Following a fresh selection, the Haryana Staff Selection Commission initially excluded candidates with Kurukshetra University diplomas. This led to further litigation, with the High Court directing the completion of the selection process, subject to the outcome of the review petitions before the Supreme Court.

Legal Framework

The core legal issue revolves around the interpretation of the eligibility criteria in Advertisement No. 6/2006, specifically the requirement of a “2-year Diploma in Art & Craft conducted by the Haryana Industrial Training Department or an equivalent qualification, recognized by the Haryana Education Department.” The case also considers the implications of the Haryana Government’s policy decisions on the recognition of educational qualifications.

Arguments

The review petitioners argued that the Kurukshetra University diploma was recognized by the Haryana Government in 1999, and that the subsequent denial of equivalence was arbitrary and without proper justification. They contended that the High Court’s initial order was correct and that the Supreme Court’s judgment dated 24.11.2021 should be reviewed. The State of Haryana, on the other hand, initially maintained that the Haryana Industrial Training Department diploma was the only recognized qualification. However, during the review proceedings, the State changed its stance and agreed to accept the equivalence of the Kurukshetra University diploma.

Issues Framed by the Supreme Court

The primary issue before the Supreme Court was whether the Diploma in Art & Craft from Kurukshetra University should be considered equivalent to the Diploma in Art & Craft from the Haryana Industrial Training Department for the purpose of appointment as Art & Craft teachers in Haryana.

Treatment of the Issue by the Court

Authorities

The Court considered the following authorities:

• 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’: This order led to the constitution of a committee to examine the equivalence of qualifications.
• Letter dated 02.11.1999 issued by the Financial Commissioner & Secretary to Government, Education Department, Haryana: This letter stated that degrees/diplomas from Kurukshetra University would be recognized in Haryana for admission and recruitment.
• Letter dated 08.12.2021 issued by Kurukshetra University: This letter certified that the Art & Craft Diploma offered by the university was equivalent to the course conducted by ITI, Haryana.
• Letter dated 31.01.2023 issued by Kurukshetra University: This letter confirmed the recommendation of the Standing Committee that both courses be treated as equivalent.

Judgment

The Supreme Court, in its judgment, noted the changed stance of the Haryana Government, which now accepted the equivalence of the diplomas. The Court observed that the government was willing to accommodate candidates with diplomas from Kurukshetra University who were on the selection list dated 14.11.2021. The Court held that there was no need to delve into the equivalence of the qualifications as the State itself had conceded the point. The Court directed the authorities to complete the appointment process within two months, ensuring that the 178 candidates already appointed were not affected and that the appointments were made based on the merit list of 14.11.2021.

The Court stated, “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.”

The Court further clarified, “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.”

The Court also emphasized, “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…”

What weighed in the mind of the Court?

The Court’s decision was primarily influenced by the changed stance of the Haryana Government, which conceded the equivalence of the diplomas. The Court also considered the need to provide relief to the candidates who had been caught in the protracted litigation for years. The Court also ensured that the candidates who had already been appointed were not adversely affected by this decision.

Key Takeaways

• The Supreme Court has reversed its earlier stance on the equivalence of diplomas for Art & Craft teachers in Haryana.
• The Haryana Government’s changed stance on the equivalence of diplomas was a key factor in the Court’s decision.
• Candidates with diplomas from Kurukshetra University who were on the selection list dated 14.11.2021 are now eligible for appointment.
• The appointments will be made against the available vacancies, without disturbing the seniority of those already appointed.
• The entire process must be completed within two months from the date of the judgment.

Directions

The Supreme Court directed the authorities to complete the appointment process within two months from the date of receipt of a copy of the judgment. The appointments were to be made based on the merit list of 14.11.2021, without disturbing the seniority of those already appointed.

Development of Law

The judgment clarifies that the State is bound by its policy decisions regarding the recognition of educational qualifications. While the State has the prerogative to determine equivalence, it cannot arbitrarily change its stance mid-recruitment, especially when it has previously recognized a particular qualification. The ratio decidendi of the case is that once the State has recognized a qualification, it cannot deny the same without proper justification. This case also highlights the importance of consistency and fairness in recruitment processes.

Conclusion

The Supreme Court’s judgment in this case brings closure to a long-standing dispute regarding the equivalence of diplomas for Art & Craft teachers in Haryana. By accepting the State’s changed stance and directing the appointment of candidates with Kurukshetra University diplomas, the Court has ensured justice for the affected candidates while also upholding the principles of fairness and consistency in recruitment processes.