SC: Cannot Invoke Power Of Judicial Review For Deciding Equivalence Of Prescribed Qualifications And Other Qualifications

KEY TAKEAWAYS

• The Supreme Court, on Wednesday, observed that the Courts can not decide the equivalence of prescribed qualifications and other qualifications invoking its power of judicial review.
• Equivalence of qualification is a matter for the State, as selecting authority, to decide, the court stated.

DETAILS

• Name of the Case : Devender Bhaskar vs State of Haryana
• Foundation of the Case

1) In this case of the writ petitioners, the issue was that whether they passed their matriculation with the subject of Arts and Crafts/Drawing or passed the subject of Arts and Crafts/Drawing in their matriculation as an extra subject. The High Court permitted the writ petitions.

The court observed that the specialists in the Education Department held the Diploma in Art and Craft by Kurukshetra University isn’t considered to be equivalent to the two-year diploma in Art and Craft granted by the Haryana Industrial Training Department.

2) On the 12th of December in 2006, the Director of the School Education Haryana, Chandigarh, addressed a letter to all the District Education Officers stating that diploma in Art and Craft conducted by the Director, Industrial Training and Vocational Education, Haryana, is the only recognized course in the State of Haryana.

3) This letter also mentioned that the diploma/certificates in Art and Craft from Kurukshetra University are not recognized for the purpose of appointment for Arts and Crafts Teacher in the State of Haryana.

COURT’S DECISION

The Court mentioned that it is not for them to decide the relevance of prescribed qualifications, rather it is for the appropriate State Authority to decide the relevance of such documents.

QUESTIONS

• What is judicial review ?
• Whether judicial review should be invoked by Supreme court ?

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