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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIBHU BAKHRU, C.J., C.M.JOSHI,
Hindustan Aeronautics Limited, Represented By It's General Manager – Appellant
Versus
Indira Shankar, W/o. Sri Late E. Shankar – Respondent
JUDGMENT :
VIBHU BAKHRU, C.J.
1. The appellant, Hindustan Aeronautics Limited [hereafter 'HAL'] ‒ a public sector undertaking, under the aegis of the Department of Defence Production, Ministry of Defence, Government of India ‒ has filed the present appeal impugning an order dated 01.04.2024 [impugned order], passed by the learned Single Judge of this Court in Writ Petition No.30867/2014 (S-PRO) captioned 'Smt. Indira Shankar v. M/s. Hindustan Aeronautics Limited'. The said writ petition was filed by the respondent impugning an order dated 04.06.2014 cancelling the respondent's promotion order dated 01.07.2013, whereby the respondent was promoted to the post of Grade - III. Consequently, the respondent was reverted to the post of HR Officer (Grade-II). The said reversion order was premised on the basis that the respondent did not hold the necessary qualification for grant of promotion from Grade-II to Grade-III.
2. The learned Single Judge allowed the writ petition. The learned Single Judge held that the reversion order dated 04.06.2014 was based on a circular dated 20.09.2012 [the 2012 Circular], de-recognizing the qualifications acquired from Bharatiya Vidya Bhavan, Rajendra Prasad I
A public sector undertaking cannot unilaterally de-recognize educational qualifications, which must be recognized by statutory bodies, impacting promotion criteria and employment rights.
The court ruled that technical qualifications earned through approved modes must be recognized for promotions, overturning disqualification based on non-AICTE approved diplomas.
The court established that diploma qualifications recognized by statutory bodies must be considered valid for employment purposes, overriding administrative rejections lacking legal justification.
The Associate Membership from ICEI, Ludhiana, is recognized as equivalent to a B.E. (Civil) degree prior to 31.05.2013, allowing for valid appointments despite initial advertisement limitations.
The court establishes that diplomas issued by deemed universities through distance education are not valid for promotions unless recognized by relevant authorities, reaffirming the requirement for AI....
The AICTE's clarifications dictate promotion qualifications; retrospective qualifications cannot be enforced by the State, ensuring rights of consistently employed individuals are protected.
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