Degrees obtained through distance education that are validated via the AICTE-UGC special examination are considered valid only from the date of passing said examination, not from the date of the degree's original acquisition, for the purposes of service seniority and promotional eligibility.

HARPREET SINGH BRAR, J. (Oral)

1. The present writ petition has been filed under Articles 226/227 of the Constitution of India for the issuance of writ in the nature of Mandamus directing the respondent Nos. 1 and 2 to treat the B.Tech. Degrees (Annexure P-1 to P-5) of the petitioners, acquired between 2007 to 2010, as valid from the date of their original acquisition instead of the date of passing the validation exam conducted by the AICTE-UGC in December 2018, as per the mandate of the judgment passed by the Hon’ble Apex Court in Orissa Lift Irrigation Corporation Limited Versus Rabi Sankar Patro AIR 2017 SC 5179 (hereinafter referred to as ‘Orissa Lift I’) and also in light of the clarification dated 19.09.2022 (Annexure P-13A) issued by AICTE. It is further prayed that a writ in the nature of certiorari be issued for quashing the impugned memo dated 06.09.2019 (Annexure P-11) or any other order/letter on similar reasoning, which treats the B.Tech. Degrees of the petitioners as valid w.e.f. December 2018, i.e., from the date of passing of the Exam conducted by UGC-AICTE. It is also prayed that the respondent Nos. 1 & 2 be directed to accept the claim of the petitioners for inclusion in the ranking list and for consequential promotion and other service benefits including promotion to the post of Assistant Engineer/SDO w.e.f. the due date.

CONTENTIONS

2. Learned counsel for the petitioners inter alia contended that the petitioners are working as Junior Engineers (JE)/JE-I (Electrical) in Dakshin Haryana Bijli Vitran Nigam Ltd. (DHBVN). The petitioners graduated from J.R.N. Rajasthan Vidyapeeth University with B.Tech. degrees in Electrical Engineering between the years 2007 to 2010 (Annexure P-1 to P-5). It was argued that the Hon'ble Supreme Court in Orissa Lift I (supra) suspended the Engineering degrees awarded through distance education mode by four Deemed to be Universities, including JRN Rajasthan Vidyapeeth. However, the Apex Court directed that an examination be conducted by AICTE and held that if the students clear the test/tests within the stipulated time, all advantages/benefits shall be restored to them and their degrees will stand revived fully.

3. Learned counsel submitted that the petitioners participated in the special validation examination conducted by AICTE-UGC in December 2018 and successfully cleared the same (Annexure P-1A to P-5A). The crux of their grievance is that DHBVN, through the impugned memo dated 06.09.2019 (Annexure P-11), is treating the degrees as valid only from December 2018 (the date of passing the validation exam) and not from the date of their original acquisition.

4. It was argued that the above interpretation is erroneous and causes grave prejudice to the petitioners. It was submitted that for promotion to the post of Assistant Engineer, three years of experience as a Junior Engineer is required, and this experience is to be counted after acquiring a Bachelor of Engineering degree. By treating the degrees as valid from December 2018 instead of the original dates (which range from 2007 to 2010), the petitioners are losing 10-14 years of seniority. Consequently, juniors are stealing a march over them, and their names are not being reflected in the tentative ranking lists (Annexure P-18 and P-19). Learned counsel placed reliance on the clarification dated 19.09.2022 (Annexure P-13A) issued by the All India Council for Technical Education (AICTE), the apex body regulating technical education. It was highlighted that the AICTE has clearly stated that upon passing the degree validation examination, the degree shall stand validated from the date of acquiring the degree certificate from the respective deemed to be Univ