Court reaffirmed the legitimacy of diploma qualifications from an approved institute, confirming eligibility for promotional examinations against arbitrary disqualifications.

ORDER

PRAMOD KUMAR DAS, MEMBER (A):

Before delving into the merits of the matter, in hand, for better appreciation a little bit background leading to filing of present case needs to be recorded that, on 17.08.2015, respondent-department issued circular for creation of facilities for providing evening classes of diploma course to the skilled technicians of the Ordnance Factory for appearing in the LDCE for the post of Chargeman (Tech). On 23.05.2016, respondents invited a Technical Institution for providing the diploma course within the factory premises and, on 02.06.2016, circular was issued to attend the counseling for admission to diploma course. Some of the highly skilled technicians working in the Ordnance Factory Badmal, sought ‘No Objection’ on 22.06.2016, which was granted on 01.07.2016. On 31.08.2018, some of the highly skilled technicians passed the diploma course and obtained certificates and, on 15.06.2019, the passed out employees were allowed incentive for acquiring higher qualification. On 03.06.2020, notification was published inviting applications for LDCE-2020. Such passed out candidates applied for appearing at the LDCE. On 02.07.2020, respondents asked those candidates to produce clarification from AICTE regarding approval of opening evening classes by GIST and stated that the admit cards shall not be issued if clarification is not produced. Being aggrieved by the letter dated 02.07.2020, some of the employees submitted representations and, thereafter, approached before this Bench in OA No. 290/2020 and 303/2020 challenging the letter dated 02.07.2020 and non-issuance of admit card to them to appear at the LDCE. One of the applicants in the present OA has also filed OA No. 730/2022. This Tribunal disposed of the OA Nos. 290 and 303 of 2020 vide common order dated 22.01.2021 directing as under:

“10. In the circumstances this Tribunal accepts the claim made by the applicants that the authenticity of the certificates in question and the authenticity of the Institute having due approval of the AICTE have not been successfully challenged, the applicants are entitled to reliefs in question. Therefore this Tribunal orders that the result of the applicant in the written examination be declared and they should be considered in accordance with law along with the similarly placed candidates as per the rules governing the field.”

2. Being aggrieved by the aforesaid order of this Bench, the Union of India filed W.P.(C) No. 18136 and 18155 of 2021 before the Hon’ble High Court of Orissa. The present applicants also filed W.P(C) No. 4342/2024 challenging the order of this Tribunal dated 22.01.2021. The Hon’ble High Court of Orissa vide common order dated 22.04.2024 disposed of the W.P.(C) Nos. 18136 and 18155 of 2021 and W.P(C) No. 4342/2024. The order of the Hon’ble High Court of Orissa attained its finality for the same having not been reversed by higher forum or on review.

3. The applicant in OA 730/2022 filed MA No. 290/2024 seeking direction to the respondents to declare the result of LDCE, 2022, which was disposed of on 26.06.2024 holding that in view of the order of the Hon’ble High Court of Orissa, there remains nothing further to be adjudicated in the OA as well as MA and the respondents are free to take further follow up action in accordance with rules and law. Thereafter, on 24.07.2024, in compliance of the order of the Hon’ble High Court of Orissa, the Directorate of Ordnance (C&S), Kolkata issued instruction on 24.07.2024 for conducting LDCE-2022 for left out candida