Punjab-Haryana High Court
Gurdeep Singh And Others vs Haryana Staff Selection Commission ... on 21 July, 2011
Author: Ranjit Singh
Bench: Ranjit Singh
CIVIL WRIT PETITION NO.11114 OF 2011 :{ 1 }:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DATE OF DECISION: JULY 21, 2011
Gurdeep Singh and others
.....Petitioners
VERSUS
Haryana Staff Selection Commission (HSSC), Panchkula
....Respondent
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. J. S. Bhatti, Advocate,
for the petitioners.
Mr. Harish Rathee, Sr.DAG, Haryana,
for the State.
****
RANJIT SINGH, J.
The petitioners were applicants for appointment to the post of Veterinary Live Stock Development Assistant in Animal Husbandry and Dairying Department of the State. They claimed to be eligible for appointment to the post but were surprised to learn that they were held not eligible on the ground that they do not possess the academic qualification on the cut off date. One of the essential qualification for the post was Diploma in Veterinary Live Stock Development from any recognized University. The petitioners have CIVIL WRIT PETITION NO.11114 OF 2011 :{ 2 }:
qualified in this Diploma from Janardan Rai Nagar, Rajasthan, Vidyapeeth University. The Diploma certificate issued by said University is not recognized by the Department of Animal Husbandry for various reasons.
When this case came up for hearing on 10.6.2011, the Court has observed that the certificate issued by the University was not recognized by the respondent-Commission. In response, the counsel for the petitioner relied upon a letter dated 17.9.2008 to say that the same was recognized by the State of Haryana. The counsel, however, could not disclose the current status of the degree/diploma certificate being issued by said University. Accordingly, the Court, without issuing notice of motion, directed the State counsel to intimate whether the Diploma Certificate issued by the said University was recognized by the State of Haryana or not by the cut off date.
In this background, the case has been taken up today. The Commission has filed reply. The Department, though not properly impleaded as party, has also chosen to file a short affidavit to urge that diploma course conducted by this University is not recognized by the Department. The reasons in this regard have also been disclosed by the Commission in its reply, which 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.
CIVIL WRIT PETITION NO.11114 OF 2011 :{ 3 }:
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 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 CIVIL WRIT PETITION NO.11114 OF 2011 :{ 4 }:
fatal to the livestock wealth of the State."
In short affidavit filed by Joint Director, Animal Husbandry, it is stated that a Committee was constituted to give report regarding unrecognized and unauthorised Diploma Training Institutes and it has reported that 2 years Diploma Course comprises of 14 subjects, whereas Diploma Certificate issued by Janardan Rai Nagar, Rajasthan, Vidyapeeth University has only 8 subjects. The Committee also found that the affiliated Centres have no basic facilities of trained staff, library, laboratory, animal farms and this Diploma seemed to be for namesake, which can prove fatal to the live stock wealth of the State. In this background, the submission made by the counsel on the basis of Annexure P-23 would be of no consequence. Annexure P-23, which is a communication from Financial Commissioner to Chief Administrator, Marketing Board, does not indicate if any Diploma is recognized but has only mentioned that Haryana State Agriculture Marketing Board may decide this issue. This does not show that any Diploma Course was recognized by the State, as is being pleaded.
There is, thus, no merit in the writ petition and the same is accordingly dismissed.
July 21, 2011 ( RANJIT SINGH ) khurmi JUDGE