ORDER :

G. Narendar, C.J.

Heard Sri D.S. Patni learned Senior Counsel assisted by Sri Dharmendra Barthwal, learned counsel for the petitioner; Sri S.S. Chauhan, learned counsel for respondent nos. 1 to 3; and Sri R.K. Raizada, learned Senior Counsel assisted by Ms. Mamta Bisht, learned counsel for respondent nos. 4 to 6.

2. The legality of the degree awarded by the Institution of Engineers, Ludhiana, from where private the respondent nos. 4 to 6 had allegedly completed their degree, is in question. This Court need not travel far for supportive material. The Office Memorandum dated 05.08.2008, issued by the Uttarakhand Pay Jal Nigam, i.e. respondent no. 1, prima facie appears to be a complete answer. The Office Memorandum reads as under :

“Uttarakhand Drinking Water Resources Development and Construction Corporation

Head Office: 11- Mohini Road, Dehradun

Letter No. 2779 / Chief Engineer Order/

Date 05.08.08

Office memorandum

Applications are being received from time to time from junior engineers working in the department for pursuing higher education such as B. Tech. AMIE and in the said application forms, it is being mentioned that they have received higher education from Rajasthan Vidyapeeth University (Udaipur), Rajasthan, whereas the said institution is not recognized by UGC, which has been mentioned by Deputy Secretary University Grant Commission, Bahadur Shah Zafar Marg, New Delhi in his letter No. F-63/(Centre)/2003 (CPP-1) dated 03.07.2006 as follows:-

"The Committee recommended that the name of the Institute may be removed from the public notice dated 3rd August, 2005 posted on the UGC website keeping in view the undertaking furnished by Sri Janardan Rai Nagar Rajasthan Vidyapeeth, Udaipur to the effect that they have stopped admitting students from 18th August, 2005 and on advertisement to this effect has already been published in the newspaper.

Candidates who have completed the above mentioned higher education from the said institution before 18.08.2005 have been given special exemption and further recognition has been cancelled. Action will be taken to grant approval for AMIE higher education to only one institution "The Institution of Engineers (India) Calcutta" which is already recognized.

The approvals given earlier by the head office for doing B.Tech./ANIE from the said institution (Rajasthan Vidyapeeth University (Udaipur) Rajasthan) after the said date are hereby cancelled. In future, any branch officer under the region will not be able to cancel the approval.

Applications for pursuing higher education from Rajasthan Vidyapeeth University (Udaipur) Rajasthan will not be forwarded to this office.

It is also directed that in future, permission to do AMIE will be given only from "The Institution of Engineers (India) Calcutta". No permission will be given to pursue higher education (AMI E) from any other institution.

(Emphasis by this Court

Signature

(R.N. Verma) Chief Engineer (Min.)”

3. On a plain reading of the aforesaid Office Memorandum, it is apparent that respondent nos. 1 & 2 had taken a categorical decision that all such Junior Engineers, who desired to undertake and complete the course of study in AMIE, were required to do the same, only with the Institution of Engineers (India) Calcutta, and the last paragraph categorically states that no permission will be given to pursue higher education (AMIE) from any other Institution.

4. The admitted fact, even according to learned Senior Counsel for respondent nos. 4 to 6, and also according to learned counsel for respondent nos. 1 to 3, is that permission was sought by private respondent nos. 4 to 6 to pursue and complete the engineering course (AMIE) from the Institution at Ludhiana, and that the letter for permission was made in the year 2009, i.e. after the bar/ prohibition that was imposed by the official respondents. The letter granting permission is said to have been issued in the year 2010, and therein it was specifically stated that they should pursue, and complete the deg