Dilip Kumar Tiwari vs State Of Chhattisgarh
2021 Latest Caselaw 1107 Chatt

                                             1


                                                                                   NAFR

                  HIGH COURT OF CHHATTISGARH AT BILASPUR

                                 WPS No. 3517 of 2021
     Dilip Kumar Tiwari S/o Late Shri G. P. Tiwari Aged About 56 Years R/o M.
     I. T. I.Colony, Koni, District Bilsapur Chhattisgarh
                                                                        ---- Petitioner
                                           Versus
     1.      State Of Chhattisgarh Through Secretary, Department Of Skill
             Development, Technical Education And Employment, Mahanadi
             Bhawan, Naya Raipur, District Raipur Chhattisgarh
     2.      Director Directorate, Employment And Training, Indravati Bhavan,
             First Floor, Block No. 4, Atal Nagar, Naya Raipur, District Raipur
             Chhattisgarh
     3.      Principal Industrial   Training     Institute   Koni,   District   Bilaspur
             Chhattisgarh
                                                                     ----Respondents

For Petitioner : Mr. Vivek Sharma, Advocate For State : Ms. Akanksha Jain, Dy. G.A.

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

13/07/2021

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 reconsidered 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 Ved