DATE OF JUDGEMENT
24th November 2021
Justice S. Abdul Nazeer
Justice Krishna Murari
Appellant(s)- Devender Bhaskar & Ors.
Respondents(s)- State of Haryana &Ors.
Judicial review- It is a review of government decisions done by the supreme court. it can cause to even invalidate laws made by the legislature.
An advertisement was issued by the Haryana State Staff Selection Commission on 10.07.2006 which invited applications to fill up the posts of Arts and Crafts teachers in the -State of Haryana. One of the eligibility criteria for the same was that they should have a two-year Diploma in Art and Craft examination conducted by the Haryana Industrial Training Department or a diploma which is recognized by the Haryana Education Department as of equal qualification.
The case of petitioner- respondents was that they passed their two-year diploma in Art and Craft from the Kurukshetra University. They on this basis, applied for the aforesaid post.
Their applications, however, were turned down by the commission because they had received a two-year diploma in Art and Craft from Kurukshetra University, which the Haryana Education Department does not accept as an equal qualification. As a result, writ petitions were filed before the High Court.
The High Court held that the petitioners should be considered for the post of Arts and Crafts teachers on the basis of the diploma secured by them from the Kurukshetra University as is their legal right.
Whether the diploma in Art and Craft by Kurukshetra University through distance education is recognized by the Haryana Education Department as an equivalent qualification to the diploma in Art and Craft Examination conducted by the Haryana Industrial Training Department?
The court noted that the Industrial Training and Vocational Education Department of Haryana awards diplomas in art and craft to students who attend classes regularly, adding that most of the disciplines are practical and cannot be studied through remote education. The Kurukshetra university, on the other hand, offers a distance education diploma.Therefore, it was held this diploma cannot be equated with the diploma earned from regular class room studies.
The court held that the High Court was not justified in equating the two courses because experts in the Education Department had already determined that the Kurukshetra University diploma in art and craft is not equivalent to the Haryana Industrial Training Department's two-year diploma in art and craft.
The court citied few cases and noticed some principles regarding whether or not judicial review can decide whether or not a qualification is in equivale to another qualification.
The court said-“Judicial review can neither expand the ambit of the prescribed qualifications nor decide the equivalence of the prescribed qualifications with any other given qualification. Equivalence of qualification is a matter for the State, as recruiting authority, to determine.”
The appeal was allowed.
The high court in this case laid down the principle in regard to ambit of judicial activism in regard to prescribing the equivalence qualification for courses. It was held that this is a technical question which is based on proper assessment and evaluation of education qualifications which the courts cannot do independently and decide.The government's decision, on the other hand, is based on the advice of an expert body.
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