Punjab-Haryana High Court
Anil Kumar And Anr vs State Of Haryana And Ors on 4 July, 2024
Neutral Citation No:=2024:PHHC:083078
CWP-13105-2016 1
(212) IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-13105-2016
Date of Decision: 04.07.2024
ANIL KUMAR AND ANOTHER ...Petitioners
Vs.
STATE OF HARYANA AND OTHERS ...Respondents
CORAM:- HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present: Mr. B.S. Rathee, Advocate for the petitioners.
Mr. Rohit Arya, DAG, Haryana.
TRIBHUVAN DAHIYA, J. (Oral)
The petition has been filed seeking a writ of certiorari quashing
the order dated 10.02.2016, Annexure P-13, whereby the qualification of
B.Tech. (Computer Science and Engineering) and B.Tech. (Electrical
Engineering) obtained by the petitioners, who are two in number, from Indira
Gandhi National Open University (in short 'the Open University') through
Vertically Integrated Engineering Programmes, have not been considered
valid for promotion to the post of Lecturer.
2. Learned counsel for the petitioners has contended that the
petitioners are working as Laboratory Instructor in the respondent
Department. Their case for promotion as Lecturer was considered by the
Departmental Promotion Committee (in short 'DPC') held in March 2019
which was wrongly rejected by considering their B.Tech. degrees invalid for
promotion. As per Gazette notification of the Government of India, dated
10.06.2015, Annexure P-23, by the Ministry of Human Resources
Development (Department of Higher Education), all the degrees, diplomas,
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certificates, including technical education degrees/diplomas, awarded through
open and distance learning mode of education by the Universities established
by an Act of Parliament or State Legislature, Institutions deemed to be
Universities and Institutions of national importance have been recognized for
the purpose of employment to posts and services under the Central
Government. As the petitioners have obtained the technical education degrees
from the Open University, which is established under the Act of Parliament,
respondents are bound to recognize the same as a valid degree for
employment as well as promotion. And their case could not have been
rejected by the DPC. Learned counsel has also placed reliance upon
instructions dated 22.02.2023, Annexure P-37, issued by the Haryana
Government, Human Resources Department pursuant to judgment, dated
18.09.2020, passed by the Supreme Court in WP(C ) 1341 of 2019, MD
Naseem Baig and others v. All India Council for Technical Education and
others. The instructions grant recognition to B.Tech. degrees/diplomas
awarded by the Open University to the students enrolled up to academic years
2010-11 and 2011-12, and treat the same valid for initial appointment as well
as promotion. Since the petitioners were enrolled in the Open University in
the year 2011-12, the degrees awarded to them in 2015 are to be considered
valid for the purpose of promotion. The impugned order is, accordingly, not
sustainable being contrary to the instructions issued by the Government.
3. Learned State counsel, on the contrary, contends that the
petitioners are not entitled to be considered for promotion on the basis of
B.Tech. degrees obtained from the Open University as the same were
declared valid vide instructions dated 22.02.2023, whereas the DPC was held
much prior thereto in 2019, when the degrees were not valid as per law laid
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down by this Court in CWP-25095-2013, Ram Chander and others v. State of
Haryana, decided on 28.11.2013. On that account, there is no basis for the
petitioners'claim. Besides, he has also submitted that the then existing service
rules, the Haryana Technical Education Department (Group-B) Service Rules,
2001, (in short 'Service Rules, 2001') have been replaced by the Haryana
Technical Education (Group B) Service Rules, 2019 (in short, 'Service Rules,
2019').According to these Rules, qualification for promotion to the post of
Lecturer from amongst Workshop Instructor/Laboratory Instructor are
Bachelors and Masters of Engineering or Technology degrees in the relevant
subject, with first class either in Bachelors or Masters; and three years'
experience on the post of Workshop Instructor/Laboratory Instructor in the
relevant discipline. Therefore, even otherwise, for want of essential
qualification of Masters in Engineering as per the new Rules, the petitioners
are not eligible to be considered for promotion.
4. Heard.
5. The petitioners have obtained their B.Tech degrees from the
Open University in 2014-15. They could not be considered eligible for
promotion as per the applicable Service Rules in March 2019 because their
degrees were not valid for the purpose, as declared by this Court in Ram
Chander case (supra). For the first time degrees obtained by the petitioners
were considered valid for appointments and promotions, vide instructions
dated 22.02.2023. Therefore, at the time of DPC in March 2019, the degrees
were undisputedly invalid, and no fault can be found with the respondents in
not considering the petitioners for promotions on that basis. Reliance by the
petitioners on the notification, dated 10.06.2015, is also misplaced, since it
has recognised degrees obtained from the Universities established under the
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Act of Parliament, like the Open University, only for the purpose of
employment and services under the Central Government, whereas the
petitioners are seeking employment/promotion in the State Government
service.
6. Faced with the situation, learned counsel for the petitioners
contends that during pendency of the petition, petitioner no.1 has obtained
M.Tech. degree in Computer Science and Engineering in July 2022, and his
B.Tech degree also stands recognized as valid by the Government in terms of
instructions dated 22.02.2023. Therefore, now there is no impediment in
considering him for promotion to the post of Lecturer in Computer Science
and Engineering under the Service Rules, 2019.
7. Learned State counsel does not dispute the fact and submits on
the basis of instructions received from the office of second respondent, dated
28.05.2024, that case of petitioner no.1 for promotion to the post of Lecturer
shall be considered in the next DPC as and when it is held.
8. In view thereof, finding no merit in the petitioners' claim to be
considered for promotion under the Service Rules, 2001, the petition is
disposed of with a direction to the respondents to consider the case of
petitioner no.1 for promotion to the post of Lecturer in accordance with the
Service Rules, 2019, by holding the next DPC within a period of six months
from the date of receiving a certified copy of the order.
(TRIBHUVAN DAHIYA)
(JUDGE)
04.07.2024
kv
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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