CWP No.20630 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.20630 of 2006 Date of decision: 22-02-2007 1. Suman Lata w/o Sh. Raghubir Singh, r/o Village Tikri, P.O. Urnai, Tehsil Pehowa, District Kurukshetra. 2. Satnam Singh s/o Sh.Sita Ram, r/o Village Lotni, P.O. Jalbehra, Tehsil Pehowa, District Kurukshetra. 3. Ram Kumar s/o Sh. Lachhman Ram, r/o Village Shahpur, P.O. Siana Saidan, Tehsil Pehowa, District Kurukshetra. 4. Manoj Kumar s/o Sh.Ajmer Singh, r/o VPO Jalbehra, Tehsil Pehowa, District Kurukshetra. 5. Amarjeet Singh s/o Sh. Jaswinder Singh, r/o Village Nanak Pura, P.O. Sandhola, Tehsil Pehowa, District Kurukshetra. 6. Ishwar Chand s.o Sh. Joga Ram, r/o VPO Harigarh Bhorakh, Tehsil Pehowa, District Kurukshetra. 7. Devender Kumar s/o Sh. Chamel Singh, r/o VPO Pabnawa, Tehsil Dhand, District Kaithal. 8. Shiv Parshad s/o Sh. Amar Nath, r/o VPO Bakhli, Tehsil Pehowa, District Kurukshetra. 9. Mrs. Nitika Sharma w/o Dr.Tarun Sharma, C/o Dr. Jagdish Sharma, Near Sabji Mandi, Old Post Office, Shahabad Markanda, District Kurukshetra now posted as Art and Craft Teacher (Guest Faculty), Government Senior Secondary School, Shahabad (M), District Kurukshetra. 10.Divya Wadhwa d/o Sh. Surinder Kumar Wadhwa, r/o House No.316/10, Ekta Vihar Colony, Shahabad Markanda, District Kurukshetra now posted as Art and Craft Teacher (Guest Faculty) Government High School, Haripur (Baram) District Kurukshetra. 11.Mamtesh Devi d/o Sh. Sulekh Chand, r/o Village Kathgarh, Tehsil Ismailabad, District Ambala. 12.Chander Pal s/o Sh. Gulab Singh, r/o Village Thehnewal, Post Ofice Peedal, Tehsil Guhla, District Kaithal. 13.Kiran Devi d/o Sh. Balkar Singh, r/o Village Thehnewal, Post Office Peedal, Tehsil Guhla, District Kaithal. 14.Manbha Wati w/o Sh. Ganga Ram r/o Hanuman Colony Salimpur, Ward No.9 Cheeka, Tehsil Guhla, District, Kaithal. 15.Amrik Singh s/o Sh. Amarjit Singh, r/o Village Nandgarh, Post Officed and Tehsil Guhla, District Kaithal. 16.Mohan Singh s/o Sh. Gurcharan Singh, r/o Village Nandgarh, Post Office and Tehsil Guhla, District Kaithal. 17.Jagdish s/o Sh. Ram Pal Singh, r/o Village Pisol, Tehsil Guhla, District Kaithal. 18.Geeta Devi d/o Sh. Ram Phal, r/o VPO Tumbaheri, Tehsil and District Jhajjar. 19.Ravi Dutt s/o Sh. Parshotam Dass, r/o VPO Cheeka, District Kaithal. 20.Puneet Kaur d/o Sh. Gurbachan Singh, c/o Sh. Babu Ram, r/o House No.816, Back Laxmi Theater, Vishvakarma Mohalla, Hamid Colony, Yamuna Nagar, District Yamuna Nagar. CWP No.20630 of 2006 2 21.Poonam Rani d/o Sh.Madan Lal, r/o Four Marla Colony, Pehowa District Kurukshetra. 22.Rajesh Kumar s/o Sh. Ram Sarup, r/o VPO Taragarh, District Kaithal. 23.Harshit Grover s/o Sh. Smesh Grover, r/o Grover Clinic, Near Old Post Office, Pehowa, District Kurukshetra. 24.Narender Kumar s/o Sh. Tek Chand, r/o Bhagirath Niwas, Pacholian Street, Pehowa, District Kurukshetra. 25.Sangeeta Sharma d/o Sh. Jai Krishan Sharma, r/o House No.839/3, Huda Kurukshetra, District Kurukshetra. 26.Amarjeet Kaur d/o Sh. Harpal Singh, r/o House No.623/6, Patel Nagar, Kurukshetra, District Kurukshetra. 27.Bharti d/o Sh. Gulshan Rai and wife of Sh. Rajesh Sidana, r/o House No.64/1, Mohalla Majri, Shahabad Markanda, District Kurukshetra. 28.Vikas Pal Singh s/o Sh. Karan Singh, r/o VPO Sudhpur, District Kurukshetra. 29.Meena Bhatia w/o Sh. Ram Nath Bhatia, r/o House No.198/8, Mohalla Ghumania, Shahabad, District Kurukshetra. 30.Krimta Kumari d/o Sh. Kesho Ram, r/o Village Dera, P.O. Hamidpur, Tehsil Naraingarh, District Ambala. 31.Arun Bala Saini w/o Sh. Mahabir Singh, r/o House No.241, Ward No.6, Near Vishavkarma Mandir, Naraingarh District Ambala. 32.Nisha Walia w/o Sh. Anuj Kumar Walia, r/o House No.249, Ward No.1, Durga Colony College Road, Naraingarh, District Ambala. 33.Om Pal s/o Sh. Hem Raj, r/o Village Mugal Majra, Tehsil Naraingarh, District Ambala. 34.Poonam Sharma w/o Mr. Bharat Bhushan Sharma, r/o Durga Colony, Ward No.2, Naraingarh, District Ambala. .....PETITIONERS Versus 1. The State of Haryana through Secretary to Government of Haryana Department of Education, Haryana Civil Secretariat Chandigarh. 2. Director, School Education, Haryana, 30 Bays Building, Sector-17, Chandigarh. 3. Haryana Staff Selection Commission, Bays No.67-70, Sector-2, Panchkula, Haryana through its Secretary. 4. Devender Bhankhar s/o Sh. Om Parkash, 196/30, Ambedkar Nagar, Mehlana Road, Sonepat. 5. Pardeep son of Sh.Rajinder Singh, VPO Krishanghar Meham, District Rohtak. 6. Anil Kumar son of Sh.Om Parkash, 523/31, Ashok Vihar, Sonepat. 7. Amita d/o Balwant Singh, 208-B, Ramgopal Colony, District Rohtak. 8. Archana d/o Ramphal Verma, 345/11, New Adarsh Nagar, Sonepat. 9. Dharmender Singh s/o Gulab Singh, Village & Post Office Chachrote, District Yamunanagar. CWP No.20630 of 2006 3 10.Manish Yadav s/o Sh.Ram Kishore, New Colony, Pataudi, District Gurgaon. 11.Mohit Kumar s/o Sh. Gianander, New Colony, Pataudi, District Gurgaon. 12.Ajay Kumar s/o Sh.Lal Chand,Village Gudhana Post Office, Sharpur, District Gurgaon. 13.Vikas s/o Sh.Rakesh Kumar, Village Belewa Post Office Khalipur, District Gurgaon. 14.Priyanka Yadav d/o Sh.Rattan Lal, Village Jeewra Post Office Asiyaki Gorawas, District Rewari. 15.Mool Chand s/o Sh. Kailash Chand Soni, Village & Post Office Dholeda, District Mahendergarh. 16.Pooja Yadav d/o Sh.Kawar Singh, 54/4 Shakti Nagar, District Rewari. 17.Dharmveer Singh s/o Sh.Hari Ram, Village Chandenwas, Post Office Ashiya-ki-Gorawas, District Rewari. 18.Pardeep Kumar s/o Sh.Upender Singh, Village & Post Office Giraulra, District Rewari. 19.Parambir Singh s/o Sh.Bishmber Dayal, Village & Post Office Noor Ghar, District Gurgaon. 20.Nisha Yadav d/o Sh. Zile Singh, Village & Post Office Noor Ghar, District Gurgaon. 21.Ajay Kumar s/o Sh. Sant Kumar, Ajay Tent House Jhajjar Road, Rewari. 22.Sapna d/o Sh. Pawan Kumar,Village Jeewra Post Office Asiya-ki-Gorawas, District Rewari. 23.Hans Raj s/o Sh. Pawan Kumar, Village Jeewra Post Office Asiya-ki-Gorawas, District Rewari. 24.Munish Kumar s/o Sh.Om Parkash, Village & Post Office Pahadi, District Gurgaon. 25.Ravi Yadav s/o Sh.Ved Parkash, Village Pehrajwas Post Office, Palawas, District Rewari. 26.Vijay Singh s/o Sh. Hukam Chand, Village Rajpura Post Ofice Sherpur, District Gurgaon. 27.Rambir Singh s/o Sh.Desh Raj Yadav, Village & Post Office Dhorka, District Gurgaon. 28.Dharmanand s/o Sh. Babu Lal,Village Noorgarh Post Office Asiya-ki-Gorawas, District Gurgaon. 29.Suman Devi w/o Sh. Manoj Kumar Kathmandi, Village & Post Office Meham, District Rohtak. 30.Dhanraj Yadav s/o Sh.Rattan Lal Yadav, Village & Post Office Sherpur, District Gurgaon. 31.Sapna Yadav d/o Sh. Vidyanand,Village & Post Office Wajirabad, District Gurgaon. 32.Deepak Mor s/o Sh.Dilbagh Singh Mor, Village & P.O. Baroda Mor, Tehsil Gohana, District Sonepat. 33.Reena d/o Sh. Prem Chand, Village & Post Office Noor Pur, District Gurgaon. 34.Manish Kumar s/o Sh. Satyavir Singh Opposite Post Office, Dr.Om Parkash Wali Gali, Gohana, District Sonepat. CWP No.20630 of 2006 4 35.Savita d/o Sh. Rajinder Singh, House No.613/3, Adarsh Nagar, Gohana, District Sonepat. 36.Monika d/o Sh.Arjun Singh Bhatheja, Main Bazar Gohana, District Sonepat. 37.Dharam Rohila s/o Sh.Baljeet Singh, House No.832, Sector-4, Rohtak. 38.Anil s/o Sh.Om Parkash Nandwani, House No.56/21, Gali No.2, Roop Nagar, Sonepat. 39.Sandesh s/o Sh.Ramotar, Village & Post Office Khetiwas, District Gurgaon. 40.Udai Veer s/o Sh.Amar Singh, Village Bapas P.O. Phari, District Gurgaon. 41.Narinder Singh s/o Sh.Phool Singh, Village Deklawas P.O. Khor, District Gurgaon. 42.Mukesh Kumar s/o Sh.Bhim Singh, House No.647/28, West Ran Nagar, Sonepat. 43.Pardeep Kumar s/o Sh.Umed Singh, r/o VPO Narnaud, District Hisar. 44.Ms.Poonam Devi d/o Sh. Balbir Singh, r/o VPO Naran Khera, District Sonepat. 45.Ajay Kumar s/o Sh.Randhir Singh, r/o VPO Moi Majri, District Sonepat. 46.Devender s/o Sh.Randhir Singh, r/o VPO Moi Majri, District Sonepat. 47.Ms.Aashima Sangwan d/o Sh. Ramesh Chander, r/o Defence Colony, District Jind. 48.Anil s/o Sh. Om Parkash, r/o Ashok Vihar, District Sonepat. 49.Sunil s/o Sh. Om Parkash, r/o 523/B1,Ashok Vihar, District Sonepat. 50.Ms. Archna d/o Sh.Ramphal Verma, r/o New Aadarsh Nagar, District Sonepat. 51.Parveen s/o Sh. Sunderlal, r/o VPO Turakpur Pataudi, District Gurgaon. 52.Ravinder s/o Sh. Om Parkash, r/o Amrit Colony, District Rohtak. 53.Krishan Kumar s/o Sh. Om Parkash, r/o VPO Chicharana, District Sonepat. 54.Jasmer s/o Sh. Prem Singh, r/o VPO Rabra, District Sonepat. 55.Sudhir Kumar s/o Sh.Kulbeer Singh, r/o VPO Kohla, District Sonepat. 56.Sandeep s/o Sh.Leela Ram, r/o VPO Basai, District Mahendergarh. 57.Sonu Ram s/o Sh. Shilak Ram, r/o VPO Nandghar Julana, District Jind. 58.Raghubeer Singh s/o Sh. Kehar Singh, r/o VPO Kapad, District Hissar. 59.Mukesh Kumar s/o Sh. Dulichand, r/o VPO Kasand, District Sonepat. 60.Smt. Sunita w/o Sh.Raesh Malik, r/o VPO Khanpur Kalan, District Sonepat. 61.Smt. Nirmal Devi w/o Sh. Suresh Chander, r/o VPO Kasanda, District Sonepat. CWP No.20630 of 2006 5 62.Rajbir s/o Sh. Prem Singh, r/o VPO Dhanana, District Bhiwani. 63.Ms.Monika d/o Sh.Arjun Bhateja, r/o VPO Babain, District Kuruksehtra. 64.Gaurav Sharma s/o Sh.Naresh Kumar, r/o VPO Chachroli, District Yamunanagar. 65.Munish Kamboj s/o Sh.Suresh Kumar, r/o VPO Kait, District Yamunanagar. 66.Bhupesh s/o Sh.Yashpal Singh, r/o VPO Chuhurpur, District Yamunanagar. 67.Vipin Kumar s/o Sh. Jai Parkash, r/o VPO Alahhar, District Yamunanagar. 68.Devender Singh s/o Sh.Jagir Singh, r/o VPO Gundiyana, District Yamunanagar. 69.Jitender s/o Sh.Sheoram, r/o VPO Chachroli, District Yamunanagar. 70.Sunil Kumar s/o Sh.Rishipal, r/o VPO Nathanpur, District Yamunanagar. 71.Om Kumar s/o Sh.Maan Singh, r/o VPO Hasanpur, District Yamunanagar. 72.Amit Kumar s/o Sh. Pitambar Singh, r/o VPO Dadupur Head, District Yamunanagar. 73.Neeraj Kumar s/o Sh.Amar Singh, r/o VPO Mehar Majra, District Yamunanagar. 74.Ms.Anita Sheoran d/o Sh.Kulbir Sheoran, r/o District Hisar. 75.Karnail Singh s/o Sh.Dharampal Singh, r/o VPO Naina, District Kaithal. 76.Jaideep Mor s/o Sh.Dilbag Mor, r/o Sector-7, Gohana, District Sonepat. 77.Satish s/o Sh.Dharampal, r/o VPO Bilaspur, District Yamunanagar. 78.Ms.Sujata d/o Sh.Ramesh Chander, r/o VPO Musyerur, District Rewari. 79.Munish Kumar s/o Sh.Satbir Singh, r/o H.No.31/7,Gohana District Sonepat. 80.Ajay Kumar s/o Sh.Lal Chand, r/o VPO Gudana Sherpur, District Gurgaon. 81.Yogesh Kumar s/o Sh.Satbir Singh, r/o VPO Ghauri, Tehsil Palwal, District Faridabad. 82.Ms.Pooja Sharma d/o Sh.Jai Parkash Kaushik, r/o Tehsil Palwal, District Faridabad. 83.Sumit Kumar s/o Sh.Dharambir Singh, r/o H.No.9, New Colony, Palwal, District Faridabad. 84.Indraj Khutela s/o Sh. Prem Raj, r/o VPO Dhudola, Tehsil Palwal, District Faridabad. 85.Ms.Suman d/o Sh.Chetan Parkash, r/o 392/24, Jawahar Nagar, Tehsil Palwal, District Faridabad. 86.Lalit Kumar s/o Sh.Om Pal, r/o Fatehpur Tagah, District Faridabad. ....RESPONDENTS CWP No.20630 of 2006 6 Coram: Hon’ble Mr. Justice Ashutosh Mohunta. Hon’ble Mr. Justice R S Madan Present: S/Shri Ram Kumar Malik, DS Patwalia, Sumeet Sheokhand, Anand Bhardwaj, Jagbir Malik, Tara Chand Dhanwal, Ranjit Saini, Pritam Saini, BK Bagri, Girish Agnihotri, DP Malik, Ravi Kumar, Narender Kumar Sharma, Jitender Singh Chahal, AKS Goyat, Karamveer Singh, JS Saneta, Dinesh Kumar Jangra, RS Mamli, Amar Vivek, Umesh Narang, ML Sharma, DS Nirban, VS Punia, Mani Ram Verma, Parminder Singh, Raman Chawla, Jagdip Singh, JS Chahal, Surya Kant Gautam, PK Ganga, Raminder Chauhan, Sanjeev Kodan, Vivek Suri, RK Hooda, HN Khanduja, Ramesh Chahal, Madan Pal, Sudhir Aggarwal, JP Sharma, MK Sangwan, Rajesh Bansal, Minderjit Yadav, Pardeep Solat, PR Yadav, YP Malik, Vinod K.Soni, Ramesh Sharma and Mr.Rajinder Singh Malik, Advocates for the petitioners. Dr.Anmol Rattan Sidhu, Additional Advocate General, Haryana for the respondent-State. Mr.Akshay Bhan, Advocate for respondents 4 to 8. Ms.Alka Chatrath, Advocate for respondents No.9 to 42. Mr.Puneet Bali, Advocate for respondents No.43 to 86. Mr.SC Sibal, Senior Advocate with Mr.VS Rana, Advocate for the respondent-University. R.S.MADAN, J. This is a bunch of 113 petitions bearing Civil Writ Petitions No.16715, 17344, 17860, 18238, 20577, 20617, 20641, 20847 and 20848 of 2006 and Civil Writ Petitions No.39, 40, 41, 50, 53, 54, 99, 120, 135, 153, 176, 224, 230, 232, 233, 238, 240, 260, 275, 281, 289, 291, 301, 302, 304, 305, 318, 320, 325, 340, 361, 366, 388, 395, 412, 417, 423, 465, CWP No.20630 of 2006 7 495, 497, 503, 505, 508, 512, 527, 570, 587, 603, 604, 624, 652, 682, 731, 732, 739, 753, 760, 765, 771, 776, 779, 794, 803, 863, 865, 949, 959, 1014, 1024, 1033, 1154, 1253, 1269, 1413, 1478, 1516, 1530, 1572, 1658, 1693, 1730, 1738, 1759, 1800, 1801, 1970, 2057, 2163, 3, 6, 530, 921, 2021 and 1616 of 2007 involving identical questions of law and facts, which have arisen out of an advertisement No.6 of 2006 date 20-07-2006 vide which the Haryana Staff Selection Commission (hereinafter referred to as ‘Commission’) invited the applications for 816 posts of the Arts and Craft Teachers in the State of Haryana. During the pendency of these petitions, eight petitions which came up for urgent hearing are also being disposed of with this petition. These are (1) CWP No.2315 of 2007 titled as Surinder Kumar and others Vs. State of Haryana; (2) CWP No.2323 of 2007 titled as Mamita Vs. State of Haryana; (3)CWP No.2328 of 2007 titled as Babli and others Vs. State of Haryana; (4)CWP No.2365 of 2007 titled as Seema Gupta and another Vs. State of Haryana; (5)CWP No.2409 of 2007 titled as Sudeep Kumar and others Vs. State of Haryana; (6)CWP No.2411 of 2007 titled as Reema Hans Vs. State of Haryana; (7)CWP No.2438 of 2007 titled as Preeti Yadav Vs. State of Haryana; (8)CWP No.2446 of 2007 titled as Mahender Singh and others Vs. State of Haryana; (9) CWP No.2531 of 2007 titled as Karamvir and others Vs. State of Haryana and (10) CWP No.2624 of 2007 tiled as Narinder Kumar and another Vs. State of Haryana. For the purpose of disposing of these writ petitions, the facts are being taken from the Civil Writ Petition No.20630 of 2006 titled as Suman Lata and others Vs. State of Haryana and others. CWP No.20630 of 2006 8 Vide Annexure P5, respondent No.3 published advertisement No.6 of 2006 on 20-07-2006 inviting the applications to fill up 816 posts of the Arts and Craft Teachers from the candidates having the following qualifications: “(i) Matric from Haryana School Education Board or an equivalent qualification recognized by the Haryana School Education Board. (ii)Two year Diploma in Arts and Craft examination conducted by the Haryana Industrial Training Department or an equivalent qualification recognized by the Haryana Education Department. (iii)Knowledge of Hindi upto Matric Standard.” The case of the petitioners is that they passed their matriculation examination, with the subject of Arts and Craft/Drawing, or they had passed subject of Arts and Craft/Drawing in their matriculation, as additional subject. All the petitioners have passed their two years diploma of Arts and Craft from Kurukshetra University, Kurukshetra. Kuruksehtra University, Kurukshetra, is the first University of State of Haryana. The petitioners on the basis of their aforesaid qualifications applied for the aforesaid post to the Commission. Their applications were not entertained for the reasons that the petitioners have since passed their two years Diploma of Arts and Craft from Kurukshetra University Kurukshetra, which is not recognized by the State of Haryana, which led to the filing of the aforesaid bunch of petitions. At the motion stage, all the petitioners in 110 petitions were ordered to be provisionally interviewed by the Commission. It was on 12-12-2006 that The Director School Education, Haryana, Chandigarh, addressed a letter (Annexure P-6) to all CWP No.20630 of 2006 9 the District Education Officers, all the District Elementary Education Officers and Director SCERT Gurgaon vide which it was informed that Diploma in Art & Craft conducted by Director Industrial Training and Vocational Education Haryana is the only recognized course in the State of Haryana. The Diplomas/Certificates in Arts & Craft from the Kurukshetra University, Kurukshetra and other Universities are not recognized for the purpose of appointment for the Arts & Craft Teacher in Haryana State. This letter was signed by the Registrar Education (Schools) for Director School Education Haryana, Chandigarh, the validity of which is under challenge in these writ petitions. It is pertinent to mention here that a letter Annexure P1 was written from the office of Financial Commissioner & Secretary to Government of Haryana to Education Department, Chandigarh vide memo No.T5/84/79-Edu-II(2) dated 2.11.99. The relevant portion of the same is reproduced as under: “It is now decided that the Degrees/Diplomas/Certificates/Examination recognized by the Kurukshetra University, Kurukshetra, Maharshi Dayanand University, Rohtak, Guru Jambeshwar University, Hisar, Haryana Agricultural University, Hisar, N.D.R.I. Karnal, Board of School Education Haryana, Bhiwani, State Board of Technical Education Haryana would stand recognized in the State of Haryana for admission and recruitment purpose.” Further the department of Education, Haryana had given clear advice to the students and institutions imparting Arts and Craft CWP No.20630 of 2006 10 Diploma awarded by Kurukshetra University, Kurukshetra that the two years Arts and Craft Diploma awarded by the Kurukshetra University, Kurukshetra is recognized by the State of Haryana for appointment as Arts and Craft Teachers in the State of Haryana. Annexure P3 is the copy of the letter bearing memo No.3/12-2004/Cord(4) dated 27-05-2005 written to a student Sh. Yashpal informing him that the Arts and Craft Diploma awarded by the Kurukshetra University Kurukshetra is recognized by the State of Haryana. The English translation of the same is reproduced as under: “From Director Secondary Education, Haryana. To Yashpal son of Sh. Hira Chand Gundli Ward No.10, Barwala, Hisar. Near Airtel Tower. Memo No.3/12-2004-Cord(4) Dated, Chandigarh 27.5.05. Subject: Recognition of Art and Craft Diploma for Drawing Teachers. With regard to matter under consideration, it is stated that Art and Craft Diploma awarded by Kurukshetra University, Kurukshera is recognized in the State of Haryana. Sd./- Deputy Director Coordination for Director Secondary Education, Haryana, Chandigarh.” CWP No.20630 of 2006 11 Annexure P4 is yet another letter, which was written to Sh. Joni Singh by the Director Secondary Education, Haryana, Chandigarh, on 30-05-2005, which is reproduced as under:- “From Director Secondary Education Haryana Chandigarh. To 1.Sh.Joni Singh, C/o G.N.Sansthan Kurukshetra, Jangra Dharamshala, Near Chota Railway Station (Thanesar) Kuruksehtra. 2. Principal, Bharti Vidya Mandir High School,Civil Hospital Road, Barwala (Hisar). Memo No.15/67-2003-CO-(4) Dated: Chandigarh The 30.5.2005. Subject:Regarding Recognition/Equivalence of the Diploma of Art and Craft conducted by the Kurukshetra University, Kurukshetra. Reference on the subject cited above. “It is intimated that as per the instructions issued by the State Government vide memo No.26/54/99 Edu-I(2) dated 2.8.99 the Art and Craft Diploma Course conducted by the Kurukshetra University, Kurukshetra is recognized in the State of Haryana. Sd/- Superintendent Co-ordination For Director Secondary Education Haryana Chandigarh.” The Director, Secondary Education, Haryana addressed a letter (Annexure P2) to Director, Department of Public Relation Haryana, CWP No.20630 of 2006 12 Chandigarh vide memo No.15/67/03-Cord(5) dated 20-4-2004, the relevant portion of which reads as under: “You are hereby informed that Government Instructions vide letter Sr.No.26/5/99 Edu-II(2) dated 2.8.99 the Art and Craft Diploma issued by the Kurukshetra University, Kurukshetra is recognized from Government of Haryana.” It was on the basis of these assurances from the Director, Secondary Education, Haryana that the students took admission for Arts and Craft and continued with their Diploma study in Arts and Craft. The petitioners have also placed on record their Marksheet of Matriculation Certificate (Annexure P7 and Annexure P8 of additional subjects). Petitioner-Suman Lata has also passed Ist year of Art and Craft examination in 2004 securing 713 marks out of 1000. Annexure P9 is the detailed marks of Ist year and Annexure P10 is the detailed marks of Ist and IInd year showing that Suman Lata secured 1435 marks out of 2000. The petitioner also relied on Annexure P11, another letter dated 18-03-1975, in which the Government of Haryana has taken the following decisions: “1.. Those degrees or diplomas etc. which are recognized by Govt. of India, those will be recognized by Government of Haryana also. 2. Degrees and diplomas etc. awarded by recognized universities and High/Higher Secondary Boards established by State Governments will be ipso-facto recognized. CWP No.20630 of 2006 13 3. Apart from that, those degrees and diplomas about whom a reference came from other States, that shall be examined and such degrees and diploma shall be recognized reciprocal basis. 4. Apart from this, application for recognitions are from such institutions which are not covered in any of these three, particularly such institutions are in the subjects of Music and Arts etc. and many of them have already obtained recognition. No similar policy can be formed for such institutions and degrees/diplomas awarded by those for recognition. If such request is received it can be looked on its own merits.” The petitioners on the strength of these letters and instructions of Government of Haryana issued from time to time claimed that the Diploma awarded to them in Arts and Craft by the Kurukshetra University, Kurukshetra has since been recognized by Government of Haryana, and, therefore, they are eligible to be considered for the 816 posts of Arts and Craft Teachers advertised by the Commission, vide advertisement Annexure P5 as under: “Cat.No.22 816 posts of Arts and Crafts Teacher (General=387, SC-A=82, SC-B=82, BC- A=131, BC-B=88, WSM(Gen)=29, ESM (SC-A)-1, ESM (SC-B)-1, ESM (BC-A)-3, ESM (BC-B)=3, Outstanding Sportsperson (Gen)=4, Outstanding Sportsperson (SC-A)=1, Outstanding Sportsperson (SC-B)=1, Outstanding CWP No.20630 of 2006 14 Sportsperson (BC-A)=2, Outstanding Sportsperson (BC-B)=1)” It is pertinent to mention here that fact that some of the petitioners in various petitions were working as Arts and Craft Teachers (Guest Faculty) in various Government Schools further manifest that they are eligible to teach the Arts and Craft to the students and, thus, they are eligible to be considered against the regular posts advertised by the Commission. The respondents filed written statement in this petition and prayed that this written statement be read as the written statements in all the petitions. In written statement the respondents took up the following plea by way of preliminary objections: “That the Diploma of Art & Craft is given by the Industrial Training and Vocational Education Department Haryana to the students who attend regular classroom teaching. Most of the subjects are practical subjects and their studies can not be possible through Distance Education. The Diploma of Art & Craft issued by the Kurukshetra University was given through Distance Education. Thus the same can not be equated with the Diploma given through regular class room studies. Moreover, the Diploma issued by the said University was only for enhanced academic qualifications. The 2 Year Diploma in Art & Craft was started by the Kurukshetra University, Kurukshetra through Service Providers under correspondence courses CWP No.20630 of 2006 15 w.e.f 2003-2004 without the permission of the Govt. of Haryana. Consequent upon the introduction of this course by the Kurukshetra University, Kurukshetra, the Director of Industrial Training and Vocational Education, Haryana took a serious view in the matter because their Department is also running a similar course in I.T.Is. The letter is approved by the National Apprenticeship Board and the Board of Vocational Education and Industrial Training. The Vocational Education department informed vide letter dated 24.11.2003 (Annexure R-1) that this course was not recognized by the Education Department as well as Department of Industrial Training and Vocational Education, Haryana. A meeting was convened by the Financial Commissioner & Principal Secretary Industrial Training & Vocational Education Department on 27-11-2003 to discuss this matter. Minutes of the meeting are annexed at Annexure R-II. It was decided in the meeting to ask the Kurukshetra University to discontinue this course from the next academic session i.e. 2004-2005 as this course is highly practical-oriented and running it through distance education will not be in the best interests of the students. Moreover, the University issued a caution notice in various leading news-papers in which it was made clear that some institutions, parties had given misleading advertisements for the Kurukshetra CWP No.20630 of 2006 16 University course of Art &Craft diploma as a teacher training course. A copy of caution notice is annexed at Annexure R-III. It has been clarified in this notice that all DCC Courses including the diploma in Art & Craft of Kurukshetra University course do not guarantee any specific job. Thus Kurukshetra University has itself clarified that the Art & Craft diploma given by the University is not a Teacher Training Course. Keeping in view all these facts, the respondents decided not to give recognition to the diploma in Art & Craft of Kurukshetra University & other Universities for the purpose of appointment as Art & Craft Teacher vide letter No.22/29-2006 C&V (3)/CO-4 dated 12-12-2006. Thus, the petitioners have no right or cause of action for filing such petition as the University which granted such diplomas through Distance Education is not recognizing it as a teacher training course and has admitted in clear terms vide Annexure R-III that it is a general course in the Area of Art & Craft and the University has not made any commitment of job describing it as a teacher training course in Art & Craft. It is a course different from the Art & Craft teacher training course conducted by the Institutions of the Department of Industrial Training and Vocational Education Department Haryana. So far as Anexure P2, P3, P4 are concerned, the State Government vide memo No.20/54-99 Edu (2) dated 02-08-1999 recognized the Art CWP No.20630 of 2006