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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Kaushik Goswami
Umesh Ch. Das, S/o- Late Jadav Ch. Das – Appellant
Versus
State of Assam – Respondent
JUDGMENT & ORDER :
Heard Mr. M. Sarma, learned Counsel for the petitioner. Also heard Mr. S. Barua, learned Standing Counsel, Pollution Control Board, Assam for respondent Nos. 2 and 3, Mr. Y. N. Mahanta, learned Counsel for respondent No.4 (UGC), and Mr. N. Deka, learned Counsel for the respondent No.5.
2. By way of this writ petition under Article 226 of the Constitution of India, the petitioner is challenging inter alia the impugned order dated 22.07.2022 in so far as it relates to the promotion of respondent No.5 to the post of Additional Chief Environmental Scientist.
3. The brief facts of the case is that the petitioner No.1 has completed his B.Sc. in Botany from the Gauhati University in the year 1985 and thereafter his M.Sc. in Ecology and Environment in the year 2003 from Sikkim Manipal University (hereinafter referred to as “SMU”) and the petitioner No.2 has completed his B.Sc. in Chemistry from the Gauhati University in the year 1986, and thereafter his M.Sc. in Ecology and Environment in the year 2006 from SMU. The petitioners were initially appointed as Assistant Chemist (re-designated as Assistant Environmental Scientist) under the Pollution Control Board, Assam (Employe
Degrees obtained from unapproved off-campus centers are invalid for promotion purposes, emphasizing adherence to UGC guidelines.
The recognition of degrees obtained through distance learning from universities with off-campus study centers beyond territorial jurisdiction is subject to the UGC's regulations and public notices.
Singhania University was established under a Statute and automatically recognized. It needed no recognition by any other authority and hence the prayers of the Petitioners were granted.
Point of Law : The powers under Article 142(1) to do complete justice is entirely of different level or of a different quality. Any prohibition or restriction contained in ordinary laws cannot act as....
Degrees from open universities not adhering to UGC regulations are invalid for public employment and promotion.
Sikkim Manipal University - Recognition of Degree - Degrees/ Diplomas/ Certificates awarded for programmes conducted by the ODL institutions, recognized by DEC (erstwhile) and UGC, in conformity with....
The court recognized the validity of degrees obtained through distance mode from a state university, ruling that discriminatory treatment against similarly qualified candidates violates constitutiona....
Promotions in government service must adhere to specified educational qualifications, notably the 10+2+3 pattern, to be valid; prior promotions awarded despite this requirement were upheld on grounds....
If the respondents had extended any benefits and advantages in favour of the petitioners, then the question of restoring those benefits to the petitioners would not arise.
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