JUDGMENT

Gurvinder Singh Gill, J.

The petitioner assails order dated 30.5.2023 (Annexure P-15) passed by respondent No.3, vide which his claim for promotion as Sub Divisional Engineer w.e.f. the year 2007 has been rejected.

2. The petitioner had been appointed as Junior Engineer in Department of PWD (B&R), Punjab in the year 1986. In the year 2004 he sought permission from the competent authority for improving his qualification and took admission in B. Tech (Civil), Degree Course in Institute of Advanced Studies in Education University (IASE), Gandhi Vidya Mandir Sardarshahr (Rajasthan) through distant mode of education and ultimately was conferred the B. Tech (Civil) degree in the year 2007. Upon completion of 16 years of service as Junior Engineer, he was designated as Assistant Engineer w.e.f. 26.9.2002 vide order dated 08.06.2012.

3. It is the case of the petitioner that in the revised tentative seniority list of Junior Engineers, his seniority ranked at Sr. No.90. The relevant extract from letter dated 19.12.2011 (Annexure P-4) indicating the placement of the petitioner in the revised seniority list is reproduced hereunder:

4. A perusal of the aforesaid extract indicates that the case of promotion of the petitioner to the post of SDE was to be considered as and when DPC is held and his result was ordered to be kept in a sealed cover.

5. A question having arisen regarding the validity of the degrees acquired through distance education learning mode, Hon'ble the Supreme Court while taking note of certain irregularities, but while ensuring that the employees who had obtained such degrees are given a fair chance to prove themselves, issued certain directions in its judgment dated 3.11.2017 rendered in Orissa Lift Irrigation Corporation Ltd. v. Rabi Sankar Patro and others (2018) 1 SCC 468. The relevant extract of which is reproduced hereunder:

"58. AICTE is directed to devise within one month from the date of this judgment modalities to conduct appropriate test(s) both in written examination as well as in practicals for the students concerned admitted during the academic sessions 2001-2005covering all the subjects concerned. It is entirely left to the discretion of AICTE to come out with such modalities as it may think appropriate and the tests in that behalf shall be conducted in the National Institutes of Technology in the respective States wherever the students are located. The choice may be given to the students to appear at the examination which ideally should be conducted during May-June 2018 or on such datesas AICTE may determine. Not more than two chances be given to the students concerned and if they do not pass the test(s) their degrees shall stand recalled and cancelled. If a particular student does not wish to appear in the test(s), the entire money deposited by such student towards tuition and other charges shall be refunded to that student by the deemed to be university concerned within a month of the exercise of such option. The students be given time till 15-1-2018 to exercise such option. The entire expend