The conduct of the parties in a legal dispute is of paramount importance and can influence the court's decision.

1. Heard Shri A. Ganguly, learned counsel for the petitioner. Also heard Ms. M.D. Bora, learned Standing Counsel, Transport Department. Shri S.S. Roy, learned C.G.C. is also present.

2. Though Shri Ganguly, the learned counsel for the petitioner has prayed for some time to take instructions in this matter, considering that this writ petition is pending since the year 2016, the said prayer is rejected. This Court has also noticed that time to seek instructions was given long back on 16.03.2018 which was extended on 22.03.2018 and lastly on 10.02.2020 and in spite of the direction of this Court, no additional affidavit has been filed.

3. In view of the said position, this Court has no other option but to go ahead with the adjudication of this writ petition which is pending for the last about 8 years.

4. The facts projected is that the petitioner had completed his Diploma in Civil Engineering from the Silchar Polytechnic and was appointed as Work-Charge Junior Engineer (Civil) on 28.03.1992 in the establishment of the Inland Water Transport Division, Silchar. The aforesaid arrangement of Work-Charge was regularised in the year 2004. The petitioner claims to have passed the Section A&B of Associate Membership Examination (AMICE) (I) in Civil Engineering from the Institute of Civil Engineers (India), Ludhiana in the year 2013. It is the case of the petitioner that such qualification is equivalent to a Degree which is recognized by the Ministry of Human Resource Development, Government of India which was notified on 06.11.2007 in the Gazette. It is also submitted by the learned counsel that the Degree obtained by the petitioner is also approved by the All India Council for Technical Education for the purpose of employment to the post of service under the Central Government in the appropriate field.

5. On the strength of such Degree, the petitioner had submitted a representation on 31.10.2013 to the respondent no. 2 for his promotion. It is contended that certain similarly situated persons who were denied promotion had approached this Court by way of writ petitions. The said writ petitions namely, WP (C)/331/2011 and WP (C)/746/2012 were disposed of vide orders dated 29.02.2011 and 29.03.2012 directing the respondents to consider their cases. It is further contended that in the meantime vide notification dated 22.11.2013, two Junior Engineers were promoted to the post of Assistant Engineer and one of the said incumbent was junior to the petitioner. Subsequently, another 14 numbers of Junior Engineers were given the promotion to Assistant Engineer in the Public Works Department. However, the petitioner was not considered.

6. Vide a letter dated 31.10.2015, the views of the respondent no. 4 was sought for with regard to the genuinity of the Degree acquired by the petitioner. The petitioner being aggrieved has thereafter approached this Court.

7. Shri Ganguly, the learned counsel has submitted that the Degree obtained by him from the Institute of Civil Engineers (India), Ludhiana is a recognized degree and therefore, the same is to be considered as fulfilling the eligibility criteria in terms of qualification for his promotion to the post of Assistant Engineer.

8. Per contra, Ms. Bora, the learned Standing Counsel has submitted that to resolve the issue, this Court vide order dated 16.03.2018 had granted the learned counsel for the petitioner to obtain instructions as a specific objection was raised by the State Counsel that the AICTE does not recognize the qualification obtained by the petitioner through distant mode. For ready reference, the order dated 16.03.2018 is extracted herein-below:

“16.03.2018

The petitioner claims promotion to the post of Assistant Engineer on the strength of the Civil Engineering Degree secured by him from the Institution of Civil Engineers (India), Ludhiana, Punjab, He relies upon the Notification dated 06.11.2007, issued by the Joint Director to the Government of India to support his submission that the degree i