LPA/45/2021
2021 Latest Caselaw 2944 HP

LPA No.45 of 2021 23.06.2021 Present: Mr. Sanjeev Kumar Motta, Advocate, for the

.

appellant.

Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rajesh Kumar, Advocate, for the caveator/ respondent No.1.

Mr. Ashok Sharma, Advocate General with Mr. Adarsh K. Sharma and Ms. Ritta Goswami, Additional Advocates General, for respondent

No.2-State.

(Through Video Conferencing) CMP No.5567 of 2021

For the reasons assigned in the application, the

same is allowed and the delay in re-filing the appeal is

condoned. The application is disposed off accordingly.

Caveat Petition No.91 of 2021

Discharged. The caveat petition is disposed off.

LPA No.45 of 2021

Admit.

Post for hearing in the usual course.

CMP No.5566 of 2021

Heard learned counsel for the appellant and the

caveator's counsel.

The learned Single Judge, while considering the

issue at large, extracted the penultimate paragraph of

Annexure A-6, which is a report of the Equivalence

Committee. The Committee has stated that the Diploma

in Electronics and Communication Engineering may be

treated as equivalence to the Diploma in Electronics

.

Engineering.

Admittedly, the petitioner before the learned

Single Judge, possessed the qualification of Diploma in

Electronics and Communication Engineering and he was

said to be unqualified in view of the fact that he did not

possess a Diploma in Electronics Engineering.

In view of the finding of the Equivalence

Committee, prima facie, we are of the view that there is

no error committed by the learned Single Judge. Whether

the said fact is supported by judgments, would be

considered at the stage of final hearing. Hence, we are of

the view that the interim order, staying the operation of

judgment dated 22.2.2021 of the learned Single Judge,

may not be appropriate. It is suffice to direct that the

appointment, if any, to be made of the writ petitioner, will

be subject to further orders of the Court.

The application is disposed off.

Copy dasti.

( Ravi Malimath ) Judge

( Jyotsna Rewal Dua ) Judge June 23, 2021 (Bhardwaj/Mukesh)