Back
2025 Supreme(Online)(HP) 3690
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIVEK SINGH THAKURHON'BLE MR. JUSTICE RANJAN SHARMA
LPA/2/2022
Based on the provided legal document, the degree obtained by the private respondents, specifically the AMICE degree from the Institute of Civil Engineering India Ludhiana, is considered valid and equivalent to the degree of AMIE (Associate Member of Institution of Engineers). The court clarified that both degrees are recognized by the Government of India and the Law Department as being in the same category, with the addition of the word 'Civil' in the degree not altering its fundamental recognition or validity (!) (!) .
Furthermore, the court noted that the degree of AMIE prescribed under the relevant rules is also recognized as equivalent to a B.E./B.Tech degree in Civil Engineering, and the inclusion of 'Civil' in the degree of AMIE does not disqualify or invalidate it (!) (!) .
Therefore, within the context of this case and the applicable rules, the degree obtained by the private respondents (AMICE) is deemed valid for the purposes of recruitment and promotion under the relevant rules.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No. 2 of 2022 Date of decision: 27th May, 2025 Dilvaru Devi & others …Appellant Versus State of HP & others …Respondents.
Coram The Hon’ble Mr. Justice Vivek Singh Thakur, Judge.
The Hon’ble Mr. Justice Ranjan Sharma, Judge.
Whether approved for reporting? Yes For the Appellants: Mr. J.L. Bhardwaj, Sr. Advocate with Mr.Sanjay Bhardwaj, Advocate.
For the Respondents: Ms. Seema Sharma, Deputy Advocate General, for respondents No.1 and 2.
Mr Nimish Gupta, Advocate for respondents No.3 to 5.
Vivek Singh Thakur, Judge By way of present appeal, appellants/petitioners have assailed judgment dated 29.11.2021 passed by learned Single Judge in CWP No. 4529 of 2020, titled Dilvaru Devi & others vs. State of HP and others, whereby petition preferred by appellants has been dismissed.
2 CWP No. 4529 of 2020 was filed by the appellants- petitioners for quashing impugned opinion of Law Department circulated under signatures of DLR-cum-Deputy Secretary(Law) to the Government of Himachal Pradesh vide Note dated 19th September, 2020 (Annexure P-10 to petition), on the basis of which private respondents No.3 to 5 have been considered by respondents No.1 and 2 for promotion/placement to the post of Assistant Engineer (Civil) under Rules 11(ii) and 11(iii) notified vide Notification dated 6th December, 2019, (Annexure P-8 to the petition) prescribing 10% and 15% quota to Junior Engineers (Civil) having qualification of B.E./B.Tech (Civil) or AMIE degree, with further prayer to restrain respondents No. 1 and 2 from making promotions or placement of private respondents No. 3 to 5 to the post of Assistant Engineer(Civil)
under these Rules.
3 For convenience, parties to lis are being referred as per their status in Civil Writ Petition.
4 Petitioner No.1, after completing her B.Tech degree from Himachal Pradesh University in the year 2012, was engaged on contract basis on 5.10.2013 as Junior Engineer (Civil). Her services were regularized vide order dated 6.5.2017 (Annexures P-1 and P-2).
5 Petitioner No.2 completed his B.Tech (Civil) from J.P. University in the year 2014. He was engaged as Junior Engineer (Civil) on contract basis on 1.11.2016 and his services were regularized vide order dated 28.4.2020 (Annexures P-3 and P-4).
6 Both petitioners were having the degree of B.E./B.Tech at the time of their appointment.
7 Respondent No.3 joined the services of Department as Civil Engineer on 13.11.2009 on regular basis and passed AMICE(I) in the year 2012 from the Institute of Civil Engineering (India) Ludhiana (Pb.).
8 Respondent No.4 joined the duty as Junior Engineer (Civil) on 29.5.2009 on contract basis. He completed his AMICE(I) in the year November, 2012 and was regularized in March, 2015.
9 Respondent No.5 had taken admission in AMICE(I) Degree after his appointment in the year 2012 and he completed his AMIEC(I)
in the year 2015 and his services were regularized in 2017.
10 Relevant provisions of Rules 11(ii) and 11(iii) notified vide Notification dated 6.12.2019, read as under:-
“(ii) Junior Engineer (Civil) who acquire BE/B.Tech (Civil) or AMIE degree during service as Junior Engineer (Civil) with three years regular or regular combined with continuous adhoc service rendered, if any, in the grade after acquiring such qualification……...10%
(iii) Junior Engineer (Civil) who possess BE/B.Tech (Civil) or AMIE degree at the time of appointment as Junior Engineer (Civil) with three years regular or regular combined with continuous adhoc service required, if any, in the grade………..15%.”
11 Prior to R&P Rules 2019 notified vide Notification dated 6th December, 2019, the R&P Rules of 2010, notified vide Notification dated 5th June, 2010, were in force, wherein provisions of Rules 11 (ii)
and 11(iii) were as under:-
(ii) Junior Engineers (Civil) who acquire BE (Civil) or its equivalent degree during service as Junior Engineer (Civil) with three years regular or regular combined with continuous adhoc service rendered, if any, i
