CIVIL WRIT PETITION NO.12458 OF 2011 (O&M) :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: AUGUST 05, 2011 Rohtash and others .....Petitioners VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. R. K. Malik, Sr.Advocate with Mr. Kohal Sharma, Advocate, for the petitioners. Mr. Sunil Nehra, DAG, Haryana, for the State. **** RANJIT SINGH, J. This order will dispose of Civil Writ Petition Nos.12458, 9911, 10108, 10200, 10673, 10835, 11927, 13616, 13643, 14027, 14056, 14141 and 14191 of 2011. The petitioners in all these cases are applicants for appointment to the post of Veterinary Live Stock Development Assistants in Animal Husbandry and Diary Department of the State. Their applications have been rejected on the ground that they do not possess the academic qualification on the cut off date. One of the CIVIL WRIT PETITION NO.12458 OF 2011 (O&M) :{ 2 }: essential qualification for the post as advertised was diploma in Veterinary Live Stock Development from any recognized University. All these petitioners are having diploma certificates issued by Janardan Rainagar Vidyapeeth University, Rajasthan (for short, “Rajasthan University”). This diploma certificate is not recognized by the Department of Animal Husbandry and so, their applications have been rejected. The petitioners are, thus, before this Court to challenge the order passed by the respondents. Since the common questions of law and facts are involved in these writ petitions, the same are being disposed of through this common order. Present Civil Writ Petition No.12458 of 2011 (Rohtash and others Vs. State of Haryana and others), came up for hearing before this Court on 18.7.2011. Mr.R.K.Malik, Senior counsel appearing in this case pointed out before the Court that the issue of degree acquired through Distance Mode of Education is pending for decision before this Court. The counsel accordingly pleaded that the petitioners may be provisionally interviewed subject to the outcome of the writ petition, which was pending consideration about the degree acquired through Distance Mode of Education. The writ petition was accordingly adjourned sine-die to await the decision of the lis pending before this Court about the degrees acquired through Distance Mode of Education. In the meantime, directions were issued that the petitioners be interviewed provisionally and their result be kept in a sealed cover, to be opened only after further directions by this Court. Subsequently, another Civil Writ Petition No.11114 of 2011 CIVIL WRIT PETITION NO.12458 OF 2011 (O&M) :{ 3 }: titled Gurdeep Singh and others Vs. Haryana Staff Selection Commission (HSSC), Panchkula, involving the identical issue, came up for hearing before this Court during vacations on 10.6.2011. This writ petition was adjourned to get response to certain queries regarding certain communications, which were relied upon by the counsel appearing for the petitioners in this case. In the meantime, the Commission had filed a short affidavit to urge that diploma course conducted by Rajasthan University was not recognized by the Department. Detailed reasons in this regard were disclosed in the short affidavit and thereafter this writ petition was dismissed on merits. Some other writ petitions also came up for hearing, which were also dismissed by following the order passed in Gurdeep Singh's case (supra). Some more writ petitions, which are now being dealt with today then were filed, when the counsel appearing in these writ petitions relied upon the order passed in Rohtash's case (supra), which had been adjourned sine-die as already noticed. To maintain parity, this writ petition, which had been adjourned sine-die, was ordered to be heard alongwith these writ petitions and that is how all these writ petitions are now taken up for hearing today. In the meantime, respondent-Government has also moved miscellaneous application No.10515 of 2011 in Civil Writ Petition No.12458 of 2011 for vacation/review of the interim order, whereby the Commission was directed to interview the petitioners provisionally. It may need a notice here that in this writ petition order CIVIL WRIT PETITION NO.12458 OF 2011 (O&M) :{ 4 }: was passed without putting the respondents to notice. The counsel appearing for the petitioners, thus, have been heard. Mr.R.K.Malik, senior counsel, has made submissions in detail on the basis of various documents and instructions annexed with the petition to urge that action of the respondents in holding the petitioners ineligible on the basis of their diploma is neither legal nor just and fair. The counsel has first referred to Annexure P-4, which is a letter dated 18.3.1975 on the subject of recognition of different type of qualifications for appointments. As per this communication, the Government has taken a decision that the degrees and diplomas, which are recognized by Government of India will be deemed to be recognized by Haryana Government. It is also mentioned that the degrees and diplomas, which are issued by recognized Universities and High/Higher Secondary Boards established by the State will also be recognized ipso-facto. Importantly, in addition to this, it is further mentioned in this letter that if any reference is received from any other State Government in respect of other degrees/diplomas, the same will be examined and such degrees/diplomas will be recognized on reciprocal basis. It is, thus, clear that the Government has reserved its right to recognize diplomas/degrees, which are not otherwise recognized by the Government for the purpose of appointment. It may be of significance to notice that this letter was issued in the year 1975. Reference is then made to a letter from the Financial Commissioner, Haryana Educational Department dated 2.11.1999, CIVIL WRIT PETITION NO.12458 OF 2011 (O&M) :{ 5 }: which also deals with recognition/equivalence of various degrees/diplomas, certificates awarded by different Institutions. In this communication, reference is made to the order passed by this Court for appointment of a Committee headed by Secretary to the Government, Education Department to go into the issue of equivalence and recognition of the examination of degrees/diplomas/certificates and similar other qualifications awarded by the Institutions other than the Universities established by law as deemed Universities. Consequently, a Committee of educationalists/administrators of eminence was formed and this Committee gave its decision, which was placed before the Court and was accepted. The directions contained in this communication may not be much relevant as the Committee never dealt with any diploma issued by Rajasthan University. However, one important general observation was made, which was accepted by the High Court and it was that while imparting recognition/equivalence to any examination in the State of Haryana for the purpose of admission/recruitment, the opinion of the State University, School Education Board or Technical Education Board, as the case may be, would be sought. The counsel then refers to a notification issued by the Central Government dated 25.6.2002, declaring the Institute of Advance Studies in Education of Gandhi Vidya Mandir, Sardarshahr, Rajasthan, as deemed University for the purpose of provisions of University Grants Commission Act. There is another notification issued by University Grants Commission dated 17.7.2002 and annexed with the petition, declaring Gandhi Vidya Mandir CIVIL WRIT PETITION NO.12458 OF 2011 (O&M) :{ 6 }: Sardarshahr, Rajasthan, as deemed University, but subject to the condition that it will adhere to the guidelines/instructions issued by U.G.C. from time to time as applicable to the deemed universities. Reliance is then placed on communication issued by Government of India, Ministry of Human Resources, dated 17.2.2004, intimating that all degrees/diplomas awarded by the Universities established by the Act of Parliament for a State legislature deemed to be University under Section 3 of the U.G.C.Act and Institution of National Importance declared under an Act of Parliament stands automatically recognized for the purpose of employment under the Central Government. The petitioners, however, in my view, can not take advantage of this in any manner as they are not seeking employment with the Central Government but with the respondent-State, which may have its own standard for recognizing the diploma. This communication is co-related to one initiated by Director, Technical Education, Haryana, informing an individual that all degrees/diplomas recognized by Government of India shall be deemed to be recognized by Government of Haryana. This again is a communication addressed to an individual and may not be relevant for settling the controversy . As per Annexure P-13, which is a notification dated 1.3.1995 issued by Ministry of Human Resources, Government of India had decided that all the qualifications awarded through distance education by Universities established by an Act of Parliament and State legislation and the Institution deemed to be University under Section 3 of the U.G.C. Act and those of National importance CIVIL WRIT PETITION NO.12458 OF 2011 (O&M) :{ 7 }: declared an Act of Parliament would stand automatically recognized for the purpose of employment to the post and service under the Central Government. Another notification of 1.3.1995 (Annexure P-14 with CWP No.12458 of 2011) added a proviso to the fact that it had been approved by Distance Education Council and wherever necessary by All India Technical Education. Reliance is also placed on clarification issued by Financial Commissioner and Principal Secretary, Haryana, Agricultural Department, regarding recognition of degrees issued by Rajasthan Vidyapeeth, Udaipur. This may not also be of much assistance as this communication relates to B.Tech. Civil Degree and the Secretary has only mentioned that the correspondence and information obtained from different quarters led to a situation of ambiguity and confusion. The matter was left to be decided by Haryana State Agriculture Marketing Board, Panchkula. It is, thus, clear that there is no clear cut communication, which can be taken to settle the issue of recognition of the diploma course issued by Rajasthan University for the purpose of equivalence or recognition. None of the communications or the notifications relied upon by the counsel for the petitioners would help them in this regard, especially so, when this Court, while dismissing a similar writ petition, had considered in detail the reasons for which the respondents had not recognized this diploma issued by the University. In Gurdeep Singh's case (supra), a short affidavit was filed by Joint Director, Animal Husbandry, disclosing that a committee was constituted to give report regarding unrecognized and CIVIL WRIT PETITION NO.12458 OF 2011 (O&M) :{ 8 }: unauthorized diploma training institutes. This Committee had reported that two years diploma course issued by Rajasthan University, was teaching only 8 subjects, whereas the diploma course comprised of 14 subjects. Besides, the Committee also found that the affiliated centres had no basic facilities of the trained staff, library, laboratory, animal farms and the diploma issued by Rajasthan University seems to be for name sake only. The Committee further noticed that appointing such persons, can prove fatal to live stock wealth of the State. Further reasons disclosed by the Commission for not recognising this Diploma are as under:- “1. That the said University is not a recognized University by Veterinary Council of India to issue any diploma in Veterinary Science. 2. That the said University is a deemed recognized University and has not been permitted to affiliate any college/institute by the University Grants Commission. Even than the said deemed University has allowed some college/institutes illegally to impart training for Veterinary Livestock Development Assistant Diploma during the year 2007-2008, which was banned later on. 3. That University Grants Commission never specify diploma course. The permission of such courses are permitted by the concerned authorities e.g. Veterinary Council of India (VCI), Medical Council of India (MCI), All India Council of Technical Education (AICTE) in CIVIL WRIT PETITION NO.12458 OF 2011 (O&M) :{ 9 }: respective stream of Veterinary, Medical and Engineering. The Director General of Animal Husbandry & Dairying Department, Haryana, Panchkula has constituted a technical committee for the verification of unrecognized/unauthorized training centres affiliated to Janardhan Rai Nagar, Rajasthan Vidayapeeth University, Udaipur (Rajasthan) and others such deemed Universities. The Committee submitted its report dated 20.9.2007 with following observation:- i. That the desired two years diploma course comprises of 14 subjects wherein Diploma issued by Janardhan Rai Nagar Rajasthan Vidayapeeth University, Udaipur (Rajasthan) has only 8 subjects. ii. That the affiliated centres have no basic facility of trained staff, library, laboratory, animal farm and the diploma seems to be for namesake which can prove fatal to the livestock wealth of the State.” The action of the respondents, thus, can not be termed as unfair and illegal in any manner. It is the Department concerned, which is the best judge to consider the validity of a diploma as Department is the end user. As is stated, Rajasthan University is not the recognized University by the Veterinary Council of India to issue any diploma in Veterinary Science. This University has not been permitted to affiliate any College/Institute by the University Grants Commission but still has allowed some Colleges/Institutes to illegally impart training in Veterinary Live Stock Development Assistant CIVIL WRIT PETITION NO.12458 OF 2011 (O&M) :{ 10 }: Diploma. It is rightly submitted that U.G.C never specified diploma courses for the purpose of recognition and such permissions are granted by concerned authorities i.e. Veterinary Council of India or Medical Council of India etc. Validity of Diplomas issued through Distance Mode of Education are not under consideration before this Court and only degrees courses are being so considered. Court was, to an extent, mislead in passing the interim order for interviewing the petitioners in this case. There is, thus, no merit in these writ petitions and the same are accordingly dismissed. August 05, 2011 ( RANJIT SINGH ) khurmi JUDGE