2023 Supreme(SC) 288

SUPREME COURT OF INDIA
Sanjay Kishan Kaul, Manoj Misra, Aravind Kumar, JJ.
Unnikrishnan CV & Ors. – Appellants
VERSUS
Union of India & Ors. – Respondent
CIVIL APPEAL NO. 7188 OF 2013
Decided On : 28-03-2023

IMPORTANT POINT
Promotion – Equivalence is a technical academic matter – It cannot be implied or assumed – Equivalence of qualification is a matter for State, as recruiting authority, to determine.

Headnote:

Service Law – Promotion – [Column 11 of GREF Rules, 1982] – Post of Superintendent BR Grade-I and Assistant Engineer – Appellants possess Diploma in DED and not Diploma in Civil Engineering – Courts would not prescribe qualification and/or declare equivalency of a course – Until and unless rule itself prescribes equivalency, different courses being treated alike, courts would not supplement its views or substitute its views to that of expert bodies – Equivalence is a technical academic matter – It cannot be implied or assumed – Any decision of academic body of university relating to equivalence should be by a specific order or resolution, duly published – Judicial review can neither expand ambit of prescribed qualifications nor decide equivalence of prescribed qualifications with any other given qualification – Equivalence of qualification is a matter for State, as recruiting authority, to determine – No material has been placed on record by appellants to demonstrate that Diploma in DED is equivalent to Diploma in Civil Engineering – Eligibility for promotional post namely Superintendent BR Grade-I is not conditioned by any year wise stipulations vis-à-vis diploma course – Prayer of appellants cannot be granted – Appeal rejected. (Paras 5, 6, 7, 8, 9 and 10)

Facts of the case:

Appellants are claiming promotion to the post of Superintendent BR Grade-I and Assistant Engineer as per Column 11 of General Reserve Engineer Force Group ‘C’ and Group ‘D’ Recruitment Rules, 1982 (GREF Rules, 1982).

Findings of Court:

Diploma courses offered by College of Military Engineering, Pune, (CME) has been recognized as a course for recruitment to post under the Central Government vide notification dated 01.02.2001, issued by Ministry of Human Resource Development (Annexure P-8). Said notification does not indicate diploma courses specified therein which are recognized by Government of India are to be treated as equivalent. No material has been placed on record by appellants to demonstrate that Diploma in DED is equivalent to Diploma in Civil Engineering.

Result : Appeal rejected.