Punjab-Haryana High Court
Chanderhas vs State Of Haryana And Another on 1 October, 2013
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
CM No.14130 of 2013 in/and
CWP No.18935 of 2013
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM No.14130 of 2013 in/and
CWP No.18935 of 2013
Date of Decision: 01.10.2013
Chanderhas
..... Petitioner
Versus
State of Haryana and another
... Respondents
CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. Manoj Kumar Sood, Advocate,
for the applicant-petitioner.
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
RAJIV NARAIN RAINA, J.
CM No.14130 of 2013 CM is allowed and Annexures P-9 & P-10 are taken on record. CWP No.18935 of 2013 Matter taken on board for final disposal.
This petition has been filed in the background of a recruitment process initiated for appointment primary teachers for District Mewat in the State of Haryana. A large number of posts were advertised on 08.11.2012. The petitioner assumed that he possessed the essential qualifications advertised for the post and applied accordingly. His candidature was rejected for want of essential qualifications on reverification of documents on the ground that the petitioner possessed one year diploma in Special Education Post Graduate Professional course which was not a recognized qualification under the Rules. A two year diploma in Education (Special Mittal Manju 2013.10.08 14:25 I attest to the accuracy and integrity of this document Chandigarh CM No.14130 of 2013 in/and CWP No.18935 of 2013 -2- Education) was essential.
The case set up by the petitioner is that his diploma is recognized by the Rehabilitation Council of India, a statutory body created under the Rehabilitation Council of India Act, 1992 (RCI). The RCI by its office order dated 20.04.2009 (P-8) has certified the following courses as equivalent to B.Ed. Special Education:-
"1. B.Ed. in General Education with Post Graduation professional Diploma in Special Education (PGPD-SE).
2. DSE (Special Education)/D.Ed. (Special Education) with B.Ed. in General Education.
3. Senior Diploma in teaching the deaf.
4. Secondary level Teacher Training course in visual impairment.
5. PG Diploma course in Special Education (Mental Retardation)"
The petitioner obtained his one year Post Graduate Diploma in Special Education (PGPD-SE) through Distance Education specializing in Disability area of Visual Impairment from the M.P. Bhoj (Open) University, Bhopal which is recognized by the University Grants Commission. The diploma was earned duly certified on 14.05.2009. The RCI has issued to him a Registration Certificate as Rehabilitation Professional as a Special Educator (Visual Impairment) by proof dated 16.05.2012. Part 2 of Note 2 of the advertisement issued by the Haryana School Teachers Selection Board under advertisement No.2/2012, under which the applied recognizes Diploma in Education (Special Education) and B.Ed. (Special Education) are recognized certificates provided that the same have been recognized by the RCI. However, recognition of any particular institution from where such qualifications can be earned have not been specified. The petitioner was called upon by an interim order to produce a list of training institutions Mittal Manju 2013.10.08 14:25 I attest to the accuracy and integrity of this document Chandigarh CM No.14130 of 2013 in/and CWP No.18935 of 2013 -3- approved by the RCI, New Delhi. In response CM No.14130 of 2013 has been filed appending the list. The Madhya Pradesh Bhoj (Open) University, Bhopal has been mentioned at Sr. No.206 in which B.Ed. SEDE through Distance Education has been granted recognition for the period 2009-10 and 2010-2011 to 2014-2015. A perusal of the Diploma Certificate in PGPD- SEDE conferred by the M.P. Bhoj (Open) University, Bhopal on the petitioner reveals that it was valid for the examination held in the year 2007, the certificate of which was issued to the petitioner on 14.05.2009. It bears out from record that the diploma was earned prior to the period of recognition granted and would, therefore, not come in aid of the petitioner to establish that he had a valid certificate for purposes of the advertisement. So far as B.Ed. (SE) through distance mode is concerned, Part-2 of Note-2 of the advertisement includes only such Diplomas in Education (Special Education) and B.Ed. (Special Education) if they are recognized by the RCI. It follows a priori that the essential qualification is meant and required to be earned through a regular teaching course and not through the distance education mode.
The difference between degrees and diplomas earned through regular courses and through the distance education mode has been delineated by the Division Bench of this Court in Kartar Singh vs. Union of India etc., CWP 1640 of 2008 decided on 6.11.2012 against which SLP is pending with interim order.
The petitioner is a B.A., B.Ed. and holder of a Post Graduate Diploma which course according to him is equivalent to B.Ed. (Special Education). This assertion is, however, not borne out from the list of Mittal Manju 2013.10.08 14:25 I attest to the accuracy and integrity of this document Chandigarh CM No.14130 of 2013 in/and CWP No.18935 of 2013 -4- training institutions approved by RCI, New Delhi. Besides, there is no proof of recognition accorded and placed on record that certificates issued by the Madhya Pradesh Bhoj (Open) University, Bhopal were recognized by RCI prior to 2009-10. In these circumstances, it is not possible to hold that the diploma possessed by the petitioner through Distance Education mode from the University at Bhopal is equivalent to the ones advertised. It is besides the point that the Madhya Pradesh Bhoj (Open) University is recognized by the University Grants Commission. The rejection of the candidature of the petitioner, in the facts of this case, cannot be said to be suffering from any legal infirmity sufficient to protect the petitioner.
For the foregoing reasons, there is no merit in this petition and the same is dismissed.
(RAJIV NARAIN RAINA) 01.10.2013 JUDGE manju Mittal Manju 2013.10.08 14:25 I attest to the accuracy and integrity of this document Chandigarh