IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** C.W.P. No.9883 of 2007 (O&M) Date of Decision:13.12.2010 Neena Devi and others .....Petitioners Vs. State of Haryana and others .....Respondents CORAM:- HON'BLE MR. JUSTICE RANJIT SINGH Present:- Mr. R.N. Sharma, Advocate for the petitioners. Mr. Harish Rathee, Sr. DAG, Haryana. **** RANJIT SINGH, J. (Oral) The respondents made appointments of Guest Teachers as per instructions dated 29.11.2005. The petitioners had also made their claim for this appointment but were not considered as their qualification, i..e, Hindi Shikshan Parangat was not recognised by the State Government. The petitioners would make reference to the instructions issued by the Government of India dated 25.11.2003 (Annexure P.2) vide which this court, has equated this degree i.e., Hindi Shikshan Parangat with B.T./B.Ed. Reference is also made to Government of India, Ministry of Education, letter dated 3.3.1966 where Hindi Shikshan Nishant examination conducted by Kendriya Hindi Sansthan, Agra is equated with the prescribed qualification for the post of Hindi Teacher for employment. Accordingly, the petitioners have filed this writ petition with the prayer that the action of the respondent- State in not recognising the qualification possessed by the petitioners would be unjustified. It is pleaded that the degree possessed by the petitioner be recognised in view of the instructions issued by the Central C.W.P. No.9883 of 2007 (O&M) -2- Government. In the reply filed on behalf of respondents No.1and 2, it is stated that Hindi Shikshan Prangat Examination conducted by Kendriya Hindi Shikshan Mandal, Agra is not recognised by the Government of Haryana. Reference is made to instructions issued by the Government on 2.11.1999 providing that the Universities of Haryana are competent to clarify whether any qualification possessed from other University or Board is equivalent and so could be recognised by the State. A clarification was sought by the Department from Kurukshetra University, Kurukshetra about this qualification. The Kurukshetra University accordingly has informed that B.Ed/O.T of Kendriya Hindi Shikshan Mandal, Agra is not recognised for the purpose of higher studies. The action of the respondents, accordingly, in not accepting the claim of the petitioners is justified. The counsel for the petitioners has placed on record an additional document by way of an application showing that National Council for Teacher Education (NCTE) has recognised Kendriya Hindi Sansthan, Hindi Sansthan Marg, Agra for Hindi Shikshan Parangat one year course from academic session 2000-2001. The counsel then refers to Annexure P.11, which is issued by the State on the subject of recognition/ equivalence of various degrees/ diplomas, certificates awarded by different institutions. Counsel would make reference to the reasons given in this communication. Counsel would make reference to a part of this communication which provides that Teachers' Training Course recognised by National Council of Teacher Education, New Delhi would also stand recognised in the State of Haryana for the purposes. Counsel accordingly would contend that once this course has been recognised by the NCTE, this C.W.P. No.9883 of 2007 (O&M) -3- ipso facto would stand recognised by the State of Haryana as well. The reference made by Mr. Rathee to the other portion of the communication would be disputed by the counsel for the petitioner to say that this requirement cannot be insisted upon in view of the earlier portion which talks of automatic recognition of such case. Mr. Rathee would respond by saying that there is no material placed on record of this writ petition to say as to when the petitioners had acquired this qualification and whether it was after the date of the communication though which the NCTE had recognised this or was prior thereto. Otherwise also, the action of the State in seeking opinion of the University for recognising a particular degree obtained from outside the State cannot be found with any fault. Even if NCTE grants recognition to a particular course, still there can be no objection taken to the action of the State in seeking opinion of the University, so far as, equivalence of the degree is concerned. NCTE may have recognised this institution for conducting a course. Whether that course is equivalent to the degree or what would be the requirement in a particular State, is the decision which is to be made by the State. Court can not act as expert body and the matter of recognition or equivalence is required to be left to the opinion of the expert bodies. Therefore, I am not inclined to interfere in exercise of writ jurisdiction. The writ petition is accordingly dismissed. December 13, 2010 ( RANJIT SINGH ) renu JUDGE