Amit Dahiya & Ors. vs New Delhi Municipal Council
2016 Latest Caselaw 6152 Del

$~10.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+        W.P.(C) 7616/2015
%                                         Judgment dated 20 th September, 2016
         AMIT DAHIYA & ORS.                               ..... Petitioners
                      Through :           Mr.M.K. Bhardwaj, Adv.

                             versus

         NEW DELHI MUNICIPAL COUNCIL           ..... Respondent

Through : Mr.Vivek B. Saharya, ASC, and Mr.Mananjay Kumar Mishra, Adv. for respondent.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE I.S. MEHTA

G.S.SISTANI, J (ORAL)

1. Present writ petition has been filed by the petitioners under Article 226 of the Constitution of India seeking a direction to quash the order dated 9.4.2015 passed by the Central Administrative Tribunal (in short 'the Tribunal') in OA No.3246/2014 filed by the petitioners. The Tribunal, by the impugned order, allowed the OA and directed the respondent herein to take a view regarding validity of the qualifications (diplomas or degrees possessed by the petitioners herein) and their eligibility after obtaining and consulting some experts of the concerned Technical Education organization/Council, keeping in view the orders passed by the Delhi High Court and the Tribunal, as well as the issue pending before the Supreme Court of India.

2. Learned counsel for the parties submit that the present writ petition can

be disposed of on the lines of the order dated 28.1.2013 passed by a Division Bench of this Court in W.P.(C)1149/2012.

3. In this case, the petitioners seeks a direction to the respondents to treat Diploma in Electrical Engineering of the petitioners as valid and consider them for the post of Junior Engineer (Electricals). The petitioners also seek a direction to quash the impugned order dated 9.4.2015.

4. The short issue which arises for consideration is as to whether the Engineering Degree/Diploma obtained by the petitioners from the Institute of Advance Studies in Education University and J.R.N. Rajasthan Vidyapeeth (Deemed-to-be) University, through distance education, is a recognised degree/diploma and would make them eligible for promotion to the post of Junior Engineer (Electricals).

5. The Tribunal has reached a conclusion that the degree obtained by the writ petitioners is not a recognised degree. This decision has been rendered on the ground that technical education cannot be imparted through distance education.

6. Learned counsel for the parties submit that this issue is pending before the Supreme Court of India and till the matter is finally decided the petitioners will be treated as having a valid degree but it would be subject to the view expressed by the Supreme Court of India in the Special Leave Petition.

7. Learned counsel for the respondent on instructions submits that appropriate authority has already decided to approve the degrees of the petitioners, however, time is required to grant permission. Counsel also submits that the respondent is processing each case and would take a decision as expeditiously as possible.

8. Accordingly, writ petition stands disposed of in view of the stand taken

by the counsel for the parties. Parties shall remain bound by the stand taken by their respective counsel in Court today.

G.S.SISTANI, J

I.S. MEHTA, J SEPTEMBER 20, 2016 msr