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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, AJAY DIGPAUL
Union Of India – Appellant
Versus
Govind Prasad – Respondent
ORDER :
1. Though arguments were completed and the Court was on the verge of pronouncing orders, one of the respondents in WP (C) 8959/2023 handed over, to Mr. Venkataraman, electronically, information obtained under the Right to Information Act, 2005 from the All India Council for Technical Education (AICTE) which seems to state that “Technical Engineers Course which is conducted by the Institution of Mechanical Engineers Navi Mumbai is equivalent to a diploma in Mechanical Engineering (Three Year) course from a State Polytechnic”.
2. As a matter of indulgence and keeping in mind the fact that what hangs in the balance is the job of employees who are not highly paid, we deem it appropriate not to decide the matter till a clarification in this regard is obtained.
3. In order to avoid delay, we request Mr. Anil Soni, recently designated as Senior Counsel, and who is a Special Counsel for the AICTE, to immediately communicate with the AICTE and obtain a clarification as to whether the aforesaid information is correct.
4. Let a copy of the order passed today be forthwith provided to Mr. Anil Soni by the Registry today within 24 hours.
5. We request Mr. Anil Soni to also obtain a clarificat
The court deferred its decision pending clarification on the equivalency of a technical course to a diploma, emphasizing the importance of accurate information for employment.
The AICTE regulations and previous court orders establish the equivalence of B.E. Mechatronics and B.E. Mechanical Engineering.
The court established that qualifications for teaching positions must strictly conform to specified educational requirements and cannot include degrees deemed non-equivalent.
The court's decision emphasized the importance of AICTE processing and deciding the application for grant of approval without being influenced by any observation made by the court.
The court established that diploma qualifications recognized by statutory bodies must be considered valid for employment purposes, overriding administrative rejections lacking legal justification.
The court ruled that technical qualifications earned through approved modes must be recognized for promotions, overturning disqualification based on non-AICTE approved diplomas.
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