Back
ANUPINDER SINGH GREWAL
Naresh Kumar – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Anupinder Singh Grewal, J. (Oral) - The petitioners have sought a writ in the nature of certiorari for setting aside the orders dated 18.11.2019 (Annexures P-17 and P-18) whereby respondent No.3 has been promoted to the post of Executive Engineer (Civil). They have also sought a writ in the nature of quo warranto against the promotion of respondent No.3 being in violation of Section 6(a)(proviso) of Haryana Service of Engineers, Group-A, Public Works (Building and Roads) Department Act, 2010 (for short - 2010 Act').
2. Learned counsel for the petitioners submits that petitioners, who were appointed as Assistant Engineer (Civil) in the year 2009, had completed 08 years of service in January/February, 2017 and passed the departmental examination. Respondent No.3 has been promoted as Executive Engineer in violation of proviso to Section 6(a) of the 2010 Act wherein it is stipulated that a person, who has obtained the degree of Civil Engineering through distance education mode would not be eligible for promotion. Respondent No.3 has obtained the degree in Engineering through distance education from JRN Rajasthan Vidyapeeth University, which is not recognized by UGC and AICTE. H
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.
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.
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 judgment established that certificates issued by professional bodies must be considered by individual employers, and an exception was made in favor of students enrolled up to 31-5-2013, declaring....
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.
The court established that diploma qualifications recognized by statutory bodies must be considered valid for employment purposes, overriding administrative rejections lacking legal justification.
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,....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
