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SANDEEP SHARMA
Narender Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
[Sandeep Sharma, J.]
1. Petitioner was initially engaged as daily wage Work Inspector in the respondent-Department, however, after completion of requisite number of years, his services were regularized as Work Inspector vide order dated 23.10.2007 in terms of the policy of regularization dated 9.6.2006 framed by the Government of Himachal Pradesh, which provides for regularization of daily wage employees after completion of eight years of service with 240 days in each calendar year with cutoff date as 31.3.2004. Though, petitioner after having become regular employee became eligible for promotion to the post of Junior Engineer (Civil) in terms of Recruitment and Promotion Rules for the post of Junior Engineer, but he was not considered on the ground that he does not possess requisite qualification. Diploma in Civil Engineering obtained through distance mode by the petitioner was not recognized. Though, petitioner filed representation, but fact remains that no heed was paid to the request made by the petitioner and as such, he was compelled to approach this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for following
As per Recruitment and Promotion Rules, rightful claim of petitioner cannot be permitted to be defeated by respondents at this belated stage on grounds, as have been setup in reply.
A degree obtained through distance education from an unrecognized university is not acceptable for appointment to the Group A service as specified in Section 6 of the 2010 Act.
The court establishes that diplomas issued by deemed universities through distance education are not valid for promotions unless recognized by relevant authorities, reaffirming the requirement for AI....
Supreme Court clarification excluding diplomas from judgment on invalid distance education degrees from deemed universities prevents declaring such diplomas void ab initio for promotions.
The validation of engineering degrees obtained through distance education occurs upon passing the AICTE test, and promotions must reflect the original date of the degree, restoring status quo ante.
Promotion – In absence of any statutory provision or rule made thereunder or under proviso appended to Article 309 of Constitution of India, once an incumbent is appointed to post according to rules,....
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