Lakhwinder Singh vs Managing Director Punjab Water Source ...
2024 Latest Caselaw 6958 P&H

Punjab-Haryana High Court

Lakhwinder Singh vs Managing Director Punjab Water Source ... on 3 April, 2024

                                   Neutral Citation No:=2024:PHHC:044801



                                                       2024:PHHC:044801

        IN THE HIGH COURT OF PUNJAB & HARYANA
                    AT CHANDIGARH

                                            Reserved on 22.02.2024
                                            Pronounced on 03.04.2024

(i)                                         CWP-209-2017

Lakhwinder Singh                                             .....Petitioner

                                  Versus

Managing Director, Punjab Water Source
Management and Development Corporation and others ....Respondents


(ii)                                        CWP-247-2017

Sukhwinder Singh                                             .....Petitioner

                                  Versus

Managing Director, Punjab Water Source
Management and Development Corporation and others ....Respondents


(iii)                                       CWP-307-2017 (O&M)

Bishan Dass                                                  .....Petitioner

                                  Versus

Managing Director, Punjab Water Source
Management and Development Corporation and others ....Respondents


CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present :     Mr. Deepak Aggarwal, Advocate for the petitioner(s).

              Mr. Aman Sharma, Advocate for the respondents.

NAMIT KUMAR, J.

1. This judgment shall dispose of CWP Nos.209, 247 and 307

of 2017, as common question of law and facts are involved for

adjudication. For the sake of convenience, facts are taken from CWP

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No.209 of 2017.

2. The present petition has been filed by the petitioner under

Article 226 of the Constitution of India seeking a writ in the nature of

mandamus directing the respondents to consider the 'Diploma in Civil

Engineering' acquired by the petitioner from 'Institute of Advanced

Studies in Education Deemed University, Gandhi Vidya Mandir,

Sardarshahr, Rajasthan', recognized for the purpose of promotion and to

consider the petitioner for promotion to the post of Junior Engineer,

further sought a writ of certiorari for quashing the letter dated

06.10.2015 (Annexure P-3).

3. The brief facts, as have been pleaded in the petition, are

that the petitioner was appointed as Tube-Well Operator on 15.04.1986

and working as such with respondent No.3, with an additional charge of

Junior Engineer. The petitioner, after obtaining necessary permission

from his department, had completed 03 years diploma in Civil

Engineering from 'Institute of Advanced Studies in Education Deemed

University, Gandhi Vidya Mandir, Sardarshahr, Rajasthan', in the year

2012 and he was awarded certificate by the said University declaring

him pass. After acquring the said diploma, the petitioner was entitled to

be promoted to the post of Junior Engineer as the petitioner fulfills the

qualification prescribed for promotion to the post of Junior Engineer. As

per letter dated 05.04.2013, issued by All India Council for Technical

Education, the above-said University, from where the petitioner has

acquired his three year diploma in Civil Engineering, has not been

approved for distance education mode in diploma. Thereafter, vide letter

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dated 06.10.2015, respondent No.2 has written that the cases for

promotion of the employees, who have passed 03 years diploma, be sent

only, in case they are covered by the letter dated 05.04.2013 and as

such, the respondents have withheld the promotion of the petitioner.

Hence this petition.

4. Pursuant to notice of motion, short reply on behalf of the

respondents has been filed, in which it has been stated as under :-

"3. xx xx xx xx That it is respectfully submitted that the subject matter pertaining to the validity of above mentioned diploma courses is no longer res integra. This Hon'ble Court in CWP No.1640 of 2008 titled Kartar Singh versus Union of India held that diploma granted by above stated deemed University will not make a candidate eligible for appointment. The aforesaid Judgment was assailed by filing SLP before the Hon'ble Supreme Court and the Hon'ble Supreme Court while deciding a bunch of cases in AIR 2017 SC 5179 held that degrees of those students who were admitted after the Academic Sessions 2001-2005 from concerned deemed to be universities through distance education mode stand recalled and be treated as cancelled. However, the Hon'ble Supreme Court later clarified that the Judgment pertained to degree courses and not diplomas. In this way, the Judgment passed by this Hon'ble Court in Kartar Singh case is operative qua diplomas. Therefore the certificate of diploma of the petitioner is not valid and therefore the writ petition is liable to be dismissed as such.

xx xx xx xx xx"

5. Learned counsel for the petitioner submits that the

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petitioner cannot be denied promotion on account of the fact that he has

obtained his diploma from the Institute of Advanced Studies in

Education Deemed University, Gandhi Vidya Mandir, Sardarshahr,

Rajasthan which is a deemed University and this has been so held in a

judgment passed by this Court in CWP No.6243 of 2010 titled as

'Swaran Singh and others Vs. the Punjab State Electricity Board'

decided on 27.01.2012.

6. Per contra, learned counsel for the respondents, while

referring to the reply filed, submits that the diploma obtained by the

petitioner is through distance education mode from the Institute of

Advanced Studies in Education Deemed University, Gandhi Vidya

Mandir, Sardarshahr, Rajasthan, which is not a recognized institution,

therefore, the diploma granted by the above-said deemed University will

not make the petitioner eligible for promotion. In support of his

contention, learned counsel for the respondents has placed reliance upon

the Division Bench judgment of this Court passed in CWP No.1640 of

2008 titled as 'Kartar Singh Vs. Union of India and others' decided on

06.11.2012.

7. I have heard learned counsel for the parties and perused the

relevant record with their able assistance.

8. Admittedly, the petitioner had done 03 years diploma in

Civil Engineering from the Institute of Advanced Studies in Education

Deemed University, Gandhi Vidya Mandir, Sardarshahr, Rajasthan, in

the year 2012. However, vide letter dated 05.04.2013, issued by All

India Council for Technical Education, the above-said University has

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not been approved for distance education mode in diploma and in view

of the said letter, the respondents rejected the claim of the petitioner for

promotion to the post of Junior Engineer.

9. While dealing with the same issue, the Hon'ble Division

Bench of this Court in its judgment passed in Kartar Singh's case

(supra) has held as under :-

"184. In terms of the directions of the Commission, it was necessary for the deemed to be Universities to seek approval from AICTE. In view of the above, we hold that the deemed to be Universities have started courses in technical education in violation of the guidelines, instructions, circulars and regulations framed by the Commission not only when they started such courses but also in establishing study centres outside their territorial limits and in subjects for which they were not granted deemed to be university status. Therefore, degrees awarded by such deemed to be Universities is an illegal act and such illegality cannot be removed or cured by the actions of either the Commission or DEC."

10. The abovesaid judgment was challenged before the

Hon'ble Supreme Court and the said case was tagged along with Civil

Appeal Nos.17869-17870 of 2017 (arising out of SLP © Nos.19807-

19808 of 2012) titled as 'Orissa Lift Irrigation Corporation Limited

Vs. Rabi Sankar Patro and others' : 2018(1) SCC 468. The Supreme

Court, while taking into consideration the facts of Kartar Singh's case

(supra), passed judgment dated 03.11.2017, wherein various directions

were issued pertaining to degrees obtained in engineering

awarded by the deemed to be Universities through distance

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education mode. Subsequently, while dealing with the review

applications, filed for clarification of the judgment dated 03.11.2017,

Hon'ble Supreme Court, vide order dated 22.01.2018 passed in Orissa

Lift Irrigation Corporation Limited Vs. Rabi Sankar Patro and

others : 2018(2) SCC 298, clarified that the controversy in the present

case pertains to the validity of degrees in engineering conferred by the

deemed to be Universities through distance education mode. The ratio

of judgment passed in Kartar Singh's case (supra) has been relied upon

by the Hon'ble Supreme Court with regard to Degrees in Engineering

and the view taken by this Court has been held to be correct. As such,

the controversy pertaining to diploma awarded by deemed University

also stands settled.

11. Similar issue came up for hearing before the Coordinate

Bench of this Court in CWP No.10850 of 2011 titled as 'Jasvir Singh

and others Vs. State of Punjab and others' decided on 22.07.2022,

wherein it has been held as under :-

"The petitioners are seeking direction to the respondents to consider them for promotion to the post of Junior Engineer (Civil).

Learned counsel for the petitioners submits that the petitioners, who are working as Supervisors, had obtained diploma in Civil Engineering from Institute of Advanced Studies in Education (Deemed Univeristy, Sardarshahar, Rajasthan.

Learned counsel for the respondents while referring to the reply filed by the respondents states that the diploma obtained by the petitioners is through distance learning and not from a recognized institution. They had not sought any permission from the department nor taken any leave to pursue the diploma course.

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Therefore, as the diploma obtained by the petitioner is through distance learning from non-recognized institution, I do not find any merit in the claim of the petitioners for consideration for promotion to the post of Junior Engineer.

Consequently, the petition stands dismissed."

12. The judgment relied upon by learned counsel for the

petitioner in Swaran Singh's case (supra) is not applicable to the facts

and circumstances of the present case as the facts of the said case are

totally different. Even otherwise, the said judgment is per-incurrium as

the Division Bench Judgment passed in Kartar Singh's case (supra)

has not been considered.

13. The diploma obtained by the petitioner is through distance

learning from non-recognized institution and the petitioner has not

produced any document whereby the State of Punjab has approved the

Diploma certificate issued by the 'Institute of Advanced Studies in

Education Deemed University, Gandhi Vidya Mandir, Sardarshahr,

Rajasthan'.

14. In view of the foregoing discussion, I do not find any merit

in the claim of the petitioner for considering him for promotion to the

post of Junior Engineer.

15. Consequently, the present writ petitions are dismissed.

16. Pending, applications, if any, shall stand disposed of

accordingly.

                                                        (NAMIT KUMAR)
03.04.2024                                                  JUDGE
Kothiyal

               Whether Speaking/reasoned         Yes/No
               Whether Reportable                Yes/No

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