IMPORTANT POINT
The judgment established that certificates issued by professional bodies must be considered by individual employers, and an exception was made in favor of students enrolled up to 31-5-2013, declaring their certificates equivalent to a degree for employment in the Central Government.

ORDER :

1. The petitioner joined the service on the post of Tracer in the year 1984. It is not in dispute that his services are governed by the provisions of the Chhattisgarh Water Resources Engineering and Geological Services (Gazetted) Recruitment Rules, 1968 (henceforth ‘the Rules’ 1968’). Subsequently, the petitioner was promoted from the post of Tracer to the post of Sub Engineer in the year 2002. According to the petitioner he was entitled for consideration of promotion from the post of Sub Engineer to the post of Assistant Engineer, which took place in the year 2014. The petitioner contended that he was deprived of the right to be considered for promotion as per the Rules, 1968. It is also not in dispute that from the post of Sub Engineer to the post of Assistant Engineer the following criteria was prescribed :

Post : Assistant Engineer (Civil)

Qualification :

- 25% through direct recruitment (PSC)

- 50% from the diploma holders on promotion

- 20% from those employees who have done degree while working as Sub Engineer

- 5% from Draftsman

2. The petitioner obtained the certificate from Associate Membership Examination [AMICE(I)] from the Institution of Civil Engineers (India), Ludhiana (Punjab) and passed out in the year 2009 & 2011 (Annexure – R/1). According to the petitioner, he was deprived to be considered from the quota of Sub Engineer and representation having been made the same was not considered on the ground that he obtained the certificate through a distance mode and his claim was rejected on 31-8-2013. Hence, this petition.

3. Learned counsel appearing for the petitioner would submit that the Office Memorandum dated 6-12-2012, which was issued by the Government of India, Ministry of Human Resources Development, Department of Higher Education, New Delhi (henceforth ‘the MHRD’), would show that with a cut off date the students who were in hold of such like nature of the degree for specified institutes, which has been given equivalence to a degree, were considered. It is stated that the degree of petitioner was from Associate Membership Examination [AMICE(I)] from the Institution of Civil Engineers (India), Ludhiana (Punjab). Learned counsel would place reliance upon the decision rendered by the Supreme Court in the matter of Institution of Mechanical Engineers (India) v State of Punjab and Others, (2019) 16 SCC 95 to submit that in generality though the certificates have not been given the equivalence but with a cut off date 31-5-2013 exception was carved out. He would submit that since the petitioner was enrolled and obtained the certificate prior to the said cut off date, according to the observation made by the Supreme Court, he should have been considered for such promotion, as the notification was issued prior to the promotion process. According to the learned counsel, undoubtedly the petitioner was promoted to the post of Assistant Engineer in the year 2023 in routine course, however, he should have been given such promotional benefits from the date the other Sub Engineers were promoted way back in the year 2014.

4. Learned counsel appearing for the State, per contra, would submit that the nature of certificate, which was said to be equivalence of a degree of the petitioner, which is filed as Annexure – R/1, in the AMICE (I) Civil Section B was on distance education mode. He would submit that such holding of certificate cannot be given equivalence on the degree, as the Institution from which the petitioner obtained the degree has no right under the UGC Act to grant such degree. He would also submit that the degree from the regular Engineering Colleges, which are governed by the All India Council for Technical Education (henceforth ‘the AICTE’) and the degree from the deemed University, was recognised. According to him, it is the prerogative of the employer, as per the law laid down by the Supreme Court in the matter of Institution of Mechanical Engineers (India) (supra), that how much importance to be given to suc