JUDGMENT : Sudhanshu Dhulia, J. The petitioners are the candidates for the post of Assistant Teacher LT Grade (Arts). The qualifications which have been prescribed under the Rules for becoming an Assistant Teacher (Art) are as follows:- “1. Bachelor Degree in Drawing or Painting/Fine Art/Art subject from any University established under law in India with minimum two years full time diploma. Following institutions granting full time diploma are recognized: (1) For two year diploma course:- (a) School/College of Art and Craft, Lucknow (b) Directorate of Industrial Training, Punjab, Chandigarh (c) Jamia Milia Islamia, New Delhi (d) Directorate of Industrial Training Haryana, Chandigarh (e) B.A. Degree Diploma in Fine Arts from Regional College of Education. (2) For three year diploma course:- (a) Women’s Polytechnic, Maharanibagh, New Delhi (b) Sharda Ukil School of Art, Delhi (c) Delhi Polytechnic Delhi (d) Government Industrial Training Institute, J&K, Jammu (e) Drawing Teachers Teaching Certificate in Fine Art and Craft awarded by Registrar, Departmental Examination, Government of Rajasthan, Bikaner (f) B.A./B.A. Honours in Art and Art Education, Jamia Milia Islamia, New Delhi (3) For four year diploma course:- (a) School/College of Art and Craft, Lucknow (b) College of Art and Craft, Chandigarh (c) Sir J.J. School of Art, Bombay (d) Vishwa Bharti (Wes Bengal) Shanti Niketan (4) For five year diploma course:- (a) National Diploma of A.A.I.C.T.E. (b) Bachelor in Fine Arts Degree from Organised University (c) Government School/College of Fine Art and Architecture, Hyderabad (State Board of Technical Education and Training, Andhra Pradesh) (d) Government School/College of Art and Craft Lucknow (Directorate of Industries, Uttar Pradesh/Cultural Affairs and Scientific Research U.P.) (e) Sir J.J. School of Art, Bombay (f) College of Art and Craft, Calcutta (Directorate of Public Institution West Bengal) (g) School/College of Art and Craft, Patna (h) Vishwa Bharti (West Bengal) Shanti Niketan (i) School/College of Art and Craft (Punjab Chandigarh) (j) Registrar, Departmental Examination Bikaner, Government of Rajasthan Or 1. Post Graduate Degree in Drawing and Painting from any University established under law in India. 2. L.T. Diploma from any Government Training Institute/College recognized by the Government or B.Ed. degree from any University established by law. 3. Having passed Intermediate Examination Technical Art/Drawing and Painting Or 1. Intermediate/Higher Secondary/Senior Secondary Examination from a recognized institute with minimum 04 year fulltime diploma/Fine Art from a recognized institution. 2. 2. L.T. Diploma from any Government Training Institute/College recognized by the Government or B.Ed. degree from any University established by law. 3. Having passed Intermediate Examination Technical Art/Drawing and Painting Or 1. Intermediate/Higher Secondary/Senior Secondary Examination from a recognized institute with minimum 04 year fulltime diploma/Fine Art from a recognized institution. 2. The petitioners are relying upon the condition which stipulates that a candidate having four years diploma in Fine Arts is eligible. The petitioners were intermediate and thereafter have four year degree in Fine Arts from Kumaun University. The petitioners has referred to two letters of the Joint Director and the Director, School, Education, who have considered the subject and the problem at hand as to whether a four year degree in Fine Arts can be considered to be equivalent to four year diploma in Fine Arts, which is definitely a qualification under the Rules and both the authorities after due consideration have come to a conclusion that since four year degree in Fine Arts is not one of the qualifications prescribed under the Rules, they are not in a position to grant equivalence. 3. The petitioners, on the other hand, contend that their degree in Fine Arts is no way inferior to the diploma in Fine Arts. A degree in a subject though may not be considered to be a higher stream than a diploma and is different, but in most of the cases a degree holder is considered to be better qualified than a diploma holder. This is the submission of the petitioners. 4. Principally, this Court agrees with the submission of the petitioners that in case a candidate has done his degree course in a particular subject, he cannot be discriminated merely because the qualification prescribed under the Rules is diploma in the same subject. Nevertheless, there is nothing before this Court to suggest as to what kind of actual teaching or training the present petitioners have undergone and whether it is different from what is being required from a teacher, who has to impart teaching in Arts. 5. This can only be done by persons, who have knowledge in the field of Fine Arts and Arts, who can evaluate the course undergone by the petitioners because finally the nomenclature would not matter and what would matter is the actual training a candidate has undergone. 5. This can only be done by persons, who have knowledge in the field of Fine Arts and Arts, who can evaluate the course undergone by the petitioners because finally the nomenclature would not matter and what would matter is the actual training a candidate has undergone. Therefore, if the petitioners have also undergone the same kind of training and education while doing their four years degree in Fine Arts, it would be patently unjust for the authorities to discriminate such a candidate as against such candidates who have done four years diploma in Fine Arts. Ultimately, however, this decision has to be taken by those, who have a specialized knowledge in this area. 6. The inability shown so far by the Education Authorities in the subject is that they cannot grant equivalence, as degree course has not been specifically prescribed under the Rule. Nothing more has been said. 7. This Court, therefore, deems it necessary that Secretary, School Education, Government of Uttarakhand shall hear the petitioners. He may call opinion of an expert or experts in this matter. If possible, he may appoint a committee for the purposes and in case the Committee comes to a conclusion after seeking all possible opinions that the course undergone by the petitioners is the same as what is done by the diploma holders, he shall consider granting equivalence and pass appropriate orders including selection and appointment of the petitioners, in case there is no other impediment. Let the needful be done within six weeks from the date of production of a certified copy of this order. 8. There is another anomaly pointed out by the learned Senior Counsel for the petitioners to the Rules that in the Rules what is prescribed is four year full time diploma/Fine Arts. The learned Senior Counsel would suggest that before “fine arts” the word “degree” should have come as only that would make sense. This Court is not in a position to make any kind of suggestion, however, it is made clear that if the concerned authority, to whom directions have already been issued comes to the conclusion that four years degree in fine arts is equivalent to that of four year diploma in Fine Arts, they would always be at liberty to recommend amendment in the Rules.