Ram Gopal Tiwari vs State Of Chhattisgarh
2021 Latest Caselaw 1016 Chatt

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                                                                               NAFR
               HIGH COURT OF CHHATTISGARH AT BILASPUR
                        Writ Petition (S) No. 3443 of 2021

   1. Ram Gopal Tiwari S/o Shri P. C. Tiwari Aged About 56 Years R/o F-71,
      River View Colony, Koni, District Bilaspur Chhattisgarh.
                                                                  ---Petitioner(s)
                                Versus
   1. State of Chhattisgarh Through The Secretary, Department Of Skill
      Development, Technical Education And Employment, Mahanadi Bhawan,
      Naya Raipur District Raipur Chhattisgarh
   2. Director Directorate of Employment and Training, Indravati Bhavan, First
      Floor, Block No. 04, Atal Nagar, Naya Raipur District Raipur Chhattisgarh
   3. Principal Industrial Training Institute, Koni, District Bilaspur Chhattisgarh
                                                                 ---Respondents

For Petitioner : Shri Vivek Sharma, Advocate. For Respondent State : Shri Amrito Das, Addl. Advocate General.

Hon'ble Shri Justice P. Sam Koshy Order on Board

09.07.2021

1. The petitioner in the present writ petition seeks for a direction to the

respondents to consider and decide his representation which the petitioner

has made to the respondents seeking promotion from the date his

immediate juniors were promoted to the post of Principal Class-II in the

year, 2014.

2. According to the petitioner in the year, 2014 when promotion process was

initiated the reason the petitioner was left out was that the Diploma that the

petitioner had was issued from Indira Gandhi National Open University (in

short, IGNOU) obtained under distance mode, which according to the

respondents was not a valid Diploma and thereby the petitioner was not

granted promotion then in the year, 2014.

3. Learned counsel appearing for the petitioner submits that the Supreme

Court recently vide its order dated 18.09.2020 in WPS (Civil) No.1225 of

2019 and other connected matters taken up along with the same, had

ordered that Diploma and Degree from IGNOU under distance education

mode for those who have enrolled up to the year 2011-12 are also to be

treated as valid course.

4. It is the further contention of the petitioner that based upon the judgment of

the Supreme Court the All India Counsel for Technical Education (in short,

AICTE) also has vide its order dated 25.11.2020 decided to accept the

Diploma and Degree obtained under distance mode from IGNOU of all

those persons who had got themselves enrolled up till 2011-12 with the

IGNOU. Therefore, now the claim of the petitioner needs to be re-

considered by the respondents for grant of promotion to the post of

Principal Class-II along with his juniors who were considered in the year,

2014.

5. To this limited prayer the State counsel does not dispute or oppose.

However, he submits that the claim of the petitioner would be considered

by the respondents in accordance with provisions of law governing the

field and after due consideration of the circulars issued by the AICTE as

also the order passed by the Supreme Court in the aforesaid case.

6. Given the said facts, let the respondents take an appropriate decision on

the representation of the petitioner for grant of promotion to the post of

Principal Class-II with effect from the date his immediate juniors were

promoted in the year, 2014 at the earliest preferably within a period of 60

days from the date of receipt of copy of this order. It goes without saying

that in the event if the respondents consider the representation of the

petitioner in his favour, appropriate remedial steps also shall be taken in

accordance with law promptly thereafter.

7. The writ petition accordingly stands disposed of.

Sd-

(P. Sam Koshy) Judge inder