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G. S. SANDHAWALIA, VIKAS SURI
Jagdish Rai Singla – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
G.s. Sandhawalia, J. (Oral) - Application for review has been filed of the order dated 12.05.2022, whereby the writ petition was dismissed by noticing that the issue was covered against the review applicant/petitioner in view of the judgment passed in Orissa Lift Irrigation Corporation Ltd. v. Rabi Sankar Patro & others, 2017 (4) SCT 683 passed on 03.11.2017, since challenge was to quash the Haryana Services of Engineers Group-A, Public Works (Building & Roads), Department Act, 2010, wherein under Section 6 it has been provided that no degree obtained through correspondence or distance education mode from any university or technical institutional shall be considered for appointment by any mode of recruitment to the service.
2. Thereafter, the review application has been filed on the ground that the review applicant/petitioner was enrolled between 2001 to 2005 and had also passed the test conducted by the AICTE in December, 2018, whereby the validation was done of his Civil Engineering Degree awarded by Institute of Advanced Studies in Education, Rajasthan (IASE) (Annexure A-3). Thus, the review of the order was sought on the said ground.
3. An additional affidavit has also
In-service candidates were given two chances to clear test/tests within stipulated timeframe and on doing so, all advantages/benefits would have to be restored to them with revival of degrees.
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.
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.
petitioners are not eligible as on the date of the judgment passed by the Apex Court in Orissa Lift Irrigation Corporation case and their degrees are deemed to be suspended- petitioners are not entit....
The obligation of the Corporation to restore the petitioner's position and grant all accrued benefits after the validation of his degree.
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.
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