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2021 Supreme(Online)(HP) 1263
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Ajay Mohan Goel, J
Dilvaru Devi – Appellant
Versus
State Of Himachal Pradesh – Respondent
CIVIL WRIT PETITION No. 4529 of 2020
For the Appellants/Petitioners: Jiya Lal Bhardwaj
For the Respondents: Sumesh Raj, Adarsh Sharma, Sanjeev Sood, Nimish Gupta
The definition and recognition of engineering qualifications for promotion purposes fall within the administrative domain of the employer-department; when professional bodies and the government recognize a specific degree (such as AMICE) as equivalent to the standard required for promotion (AMIE), such qualification satisfies the rule requirements.
Headnote:(A) Recruitment and Promotion Rules, 2019 - Rule 11(ii) and 11(iii) - Promotion to the post of Assistant Engineer (Civil) - Equivalence of qualifications - Contention that AMICE(I) degree is not equivalent to B.E./B.Tech or AMIE - Court noted that AMICE(I) stands for Associate Membership Examination in Civil Engineering and is provided by a Government recognized institution - Departmental assessment of qualification is given primacy in matters of eligibility - Petitioners failed to demonstrate why such qualifications, recognized by regulatory bodies, should be excluded from promotion consideration. (Paras 10, 11 and 12)
Facts of the case:
Petitioners, working as Junior Engineers (Civil) possessing B.E./B.Tech degrees, challenged the inclusion of private respondents No. 3 to 5 in the promotion process for the post of Assistant Engineer (Civil). The challenge was based on the premise that the private respondents acquired AMICE(I) degrees, which the petitioners argued did not equate to the B.E./B.Tech or AMIE degrees prescribed in the 2019 Recruitment and Promotion Rules.
Findings of Court:
The court held that the AMICE(I) degree is essentially an Associate Membership of the Institution of Civil Engineers and is duly recognized by the Government of India. The expert opinion of the Department and governing technical bodies established the equivalence for promotion purposes. The court observed that it should not interfere with the Department's administrative determination regarding the eligibility of their own employees' qualifications when such qualifications are recognized.
Issues: Whether the degree of AMICE(I) held by the private respondents satisfies the eligibility criteria of AMIE/Degree in Engineering prescribed under the 2019 Recruitment and Promotion Rules for promotion to the post of Assistant Engineer (Civil).
Ratio Decidendi: Qualifications recognized by relevant engineering bodies and accepted by the employer department as equivalent to statutory requirements provide a valid basis for promotion; the court will not disrupt such administrative determinations in the absence of illegality.
Result: Petition dismissed.
Based on the provided legal document, the degree obtained by the private respondents, specifically the AMICE (I) degree from the Institution of Civil Engineers (India), is considered valid and recognized. The document indicates that the Institution of Civil Engineers (India) is a recognized institution by the Government of India and that the AMICE (I) degree is regarded as equivalent to the AMIE degree, which in turn is recognized as equivalent to a degree in engineering by the Ministry of Human Resource Development (MHRD). The court also notes that the certificates of qualification from this institution are on record and demonstrate that the private respondents hold a recognized degree in Civil Engineering.
Furthermore, the court's judgment explicitly states that the degree of AMICE (I) obtained from the Institution of Civil Engineers (India) is a recognized qualification suitable for consideration under the relevant promotion rules. The department's recognition and the absence of any dispute regarding the validity of this qualification support the conclusion that the degree is valid for the purpose of promotion eligibility.
| Table of Content |
|---|
| 1. petitioner challenges promotion eligibility regarding qualification requirements for assistant engineer posts. (Para 1 , 2 , 3 , 4 , 5) |
| 2. court confirms recognized technical degrees meet recruitment criteria and defers to departmental eligibility assessment. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
This petition coming on for pronouncement of judgment this day, the Court passed the following:
J U D G M E N T
By way of this writ petition, the petitioners have, inter alia, prayed for the following reliefs:-
“(i) That a writ in the nature of certiorari may kindly be issued to quash the impugned Annexure P-10, i.e., order dated 19.09.2020, issued by the Law Department, Government of Himachal Pradesh on the basis of which respondents No. 1 & 2 have included the names of respondents No. 3 to 5 for promotion/placements to the post of Assistant Engineer (Civil) under Rule 11 (ii) and 11(iii) notified vide Annexure P-8 under 10% and 15% quota prescribed to Junior Engineers (Civil) who are having the qualification of B.E./B. Tech. (Civil) or AMIE degree.
(ii) That a writ in the nature of mandamus may kindly be issued restraining respondents No. 1 & 2 to make promotions/placements of respondents No. 3 to 5 for the post of Assistant Engineer (Civil), under Rule11(ii) and 11(iii) notified vide Annexure P-8 and justice be done.”
2. The case of the petitioners is that petitioner No. 1 did her Bachelor of Technology in Civil Engineering in the year, 2012. She was appointed as Junior Engineer (Civil) on contract basis vide Office Order dated 05.10.2013 on the recommendations of the Himachal Pradesh Staff Selection Commission, Hamirpur, H.P. and her services were regularized as such vide Office Order dated 06.05.2017. Petitioner No. 2 did his Bachelor of Technology in Civil Engineering from Jaypee University of Information Technology, Vaknaghat, District Solan, H.P. in the year, 2014. He was appointed on contract basis as Junior Engineer (Civil) vide Office Order dated 01.11.2016 and regularized vide Office Order dated 28.04.2020.
3. Respondent No. 2 issued a provisional list of Junior Engineers (Civil) vide letter dated 18.11.2019, as it stood on 31.12.2018 and in terms thereof, the name of petitioner No. 1 figured at Sr. No. 775 and as the services of petitioner No. 2 were not regularized at that the relevant time, therefore, his name did not find mention in the said seniority list. Further, the case of the petitioners is that the State framed the Recruitment and Promotion Rules for the post of Assistant Engineer (Civil), Class-1 (Gazetted) Technical Services in Irrigation and Public Health Department, which stood notified on 20.03.1997. In terms of these Rules, 30% of the posts were to be filled by way of direct recruitment and 70% by way of promotion from amongst Junior Engineers (Civil). From the 70% quota of promotion, 45% is meant for Junior Engineer (Civil), who completed seven years regular service or regular combined with continuous ad hoc in the grade and unqualified Junior Engineers (Civil) with fifteen years regular or regular combined with continuous ad hoc experience in the grade and 10% is meant for Junior Engineer (Civil), who acquired AMIE or its equivalent degree during service and 10% is reserved in favour of those Junior Engineers (Civil), who possess the Degree of Civil Engineering at the time of joining the services as Junior Engineer, having completed three years regular or regular combined with continuous ad hoc services. In addition, 5% posts were reserved for Draughtsman, who have the qualification of Matriculation and also possess two years diploma in Draughtsmanship and have put in ten years regular or regular combined with continuous ad hoc service in the grade. These Rules, which were framed in the year 1997, were amended thereafter in the year 1998 and 2005. According to the petitioners, as they are degree holders, they are concerned with their quota prescribed under Rule11(iii) of the Rules, as the
