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2024 Supreme(Chh) 289

GOUTAM BHADURI
Suneel Kumar Pandhare, S/o Late Shri Gajanand Rao Pandhare – Appellant
Versus
State Of Chhattisgarh, Through Upper Secretary Water Resources Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rohit Sharma, Adv.
For the Respondents: Mr. Raj Kuamr Gupta, Addl. Adv. General.

Judgement Key Points

Based on the provided legal document, the degree obtained by the petitioner from the Institution of Civil Engineers (India), Ludhiana (Punjab), through the Associate Membership Examination (AMICE), is considered valid for the purposes of employment in the Central Government. The court explicitly recognized that the petitioner, who enrolled prior to the cut-off date of 31-5-2013, falls within the exception carved out by the Supreme Court's judgment, which extended the benefit of recognition to certificates obtained from recognized institutions before that date. The court also noted that the certificate was obtained from an institution recognized for limited purposes and that the petitioner’s case is covered under the exception, making the certificate equivalent to a recognized degree for employment purposes. Therefore, the degree is deemed valid within the context of this legal proceeding.


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), Ludhi

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