JUDGMENT :

1. Heard learned counsel for the parties.

2. The writ petition was earlier admitted for hearing vide order dated 19.12.2018. Today it has been posted under the heading for orders on I.A. No. 1785 of 2019 for stay of the impugned order and early hearing of the petition. However, with the consent of the parties, writ petition is being disposed of at this stage itself in the following manner:

Applicant, who is the writ petitioner approached this Court being aggrieved by the order dated 16.02.2018 passed in O.A./051/00090/2017 by the learned Central Administrative Tribunal, circuit sitting at Ranchi. As the undisputed facts disclose, applicant was appointed on the post of Group-II(3), Senior Technician-1 in CSIR National Metallurgical Laboratory, Jamshedpur in 2007 on the basis of a diploma in Mechanical Engineering from Utkalmani Gopabandhu Institute of Engineering, Rourkela, Orissa. During service he enrolled himself in B.Tech decree course in Mechanical Engineering at Janardan Rai Nagar Vidyapeeth Rajasthan via distance education in the year 2005 for the academic session 2005-2008 and was awarded the B.Tech degree in 2010 upon passing of the examination in 2008. Thereafter he was granted study leave for one year to complete M.Tech degree course from National Institute of Technology, Jamshedpur in 2010. In 2014 he was promoted from the post of Group-II(2) to Group-II(3) with benefit of two years early assessment based on B.Tech degree qualifications.

N.M.L., Jamshedpur issued an advertisement for the post of Technician, Tech. Assistant and Senior Technical Officer vide Advertisement No. 2/2015. Applicant applied to the higher grade post of Senior Technical Officer/Grade-III (4), which required essential qualification of B.E./B.Tech (Mechanical Engineering) with 55% marks. After interview he was declared successful for the post vide notification dated 21.01.2016 and was appointed vide letter dated 05.02.2016. However, his joining was kept in abeyance. He submitted a representation for redressal of his grievance. Later he has been served with order dated 30.01.2017 whereby his offer of appointment has been cancelled on the following ground:

“Clarification received from CSIR-HQ vide above letter reference in which CSIR-HQ in consultation with the competent authority of University Grant Commission and All India Council for Technical Education (AICTE) has categorically clarified that B.Tech (Mechanical Engineering) degree obtained by you from JRN University is not recognized degree for eligibility for the purpose of Government employment”.

3. Applicant therefore approached the learned Central Administrative Tribunal (CAT) being aggrieved. Learned CAT took into account the decision of the Apex Court in the case of Orissa Lift Irrigation Corporation Ltd. vrs. Rabi Sankar Patro & others along with analogous cases (judgment dated 03.11.2017 in Civil Appeal Nos. 17869-17870 of 2017). Before the learned CAT, petitioner had contended that the degree of B.Tech awarded by the J.R.N University on 05.07.2010 for the academic session 2005-2008 is protected by the order of the Hon’ble Supreme Court as it applies to all those students who had taken admission for the academic session 2001-2005.

4. Learned CAT negatived this contention referring to para 46,47,48,52 and 53 of the judgment in the case of Rabi Sankar Patro (supra) and held as under:

“8. In view of the above stated clear dicta of law on the issue of validity of the degree awarded by the J.R.N. University the submission of the applicant is devoid of merit. The applicant had received the degree in 2010 by J.R.N. University for the examination passed for the academic session 2005-2008, the Hon’ble Apex Court had clearly laid down that the degree after the academic session 2001-2005 treated as cancelled, therefore, the applicant is not entitled for any relief as claimed in the present O.A. The order dated 30.01.2017 for cancellation of appointment of the applicant is inconsonance with th