Punjab-Haryana High Court
Suman Kumar vs State Of Punjab And Another on 9 May, 2024
Author: G.S. Sandhawalia
Bench: G.S. Sandhawalia
Neutral Citation No:=2024:PHHC:064535-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(104) LPA-587-2023 (O&M)
Decided on : 09.05.2024
Suman Kumar ......Appellant(s)
Versus
State of Punjab and others ......Respondent(s)
CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA,
ACTING CHIEF JUSTICE
HON'BLE MS.JUSTICE LAPITA BANERJI
Present:- Mr. Arvind Kashyap, Advocate for the appellant.
Mr. Saurav Khurana, Addl. AG, Punjab.
*****
G.S. Sandhawalia, Acting Chief Justice (Oral)
CM-1535-LPA-2023
Application for condonation of delay of 7 days in filing the
appeal, is allowed, in view of the averments made in the application, duly
supported by affidavit. Delay of 7 days in filing the appeal is condoned.
CM stands disposed of.
LPA-587-2023 (O&M)
Consideration in the present letters patent appeal is sought of the
order of the learned Single Judge dated 07.02.2023 passed in CWP-27812-
2013, wherein the learned Single Judge declined to quash the order dated
15.09.2013 (Annexure P-5).
1 of 4
Neutral Citation No:=2024:PHHC:064535-DB
LPA-587-2023 (O&M)
2. By virtue of the said order, the writ petitioner had been treated as
ineligible for the post of Service Provider Trainer in construction sector, since
he has diploma in Engineering from Bhartiya Shiksha Parishad, Uttar Pardesh
by way of distance education. The learned Single Judge came to the
conclusion that the matter was covered by the judgment of the Apex Court
passed in Orissa Lift Irrigation Corporation Ltd. Vs. Rabi Sankar Patro
and others, (2018) 1 SCC 468 and, therefore, having obtained the degree
from distance education mode has been held to be ineligible and, therefore,
denied to grant the benefit as such.
3. The State in its reply filed in the writ petition had taken the plea
that the posts of Service Provider Trainer were to be filled under Centre of
Excellence Scheme and the said scheme had been closed w.e.f. 11.03.2015 by
the Director General Employment and Training, Ministry of Labour, New
Delhi. In the replication, the writ petitioner had taken the pleat that 198 posts
of Service Providing Trainers under the Centre of Excellence Scheme were
absorbed in the Industrial Training Department vide order dated 29.04.2014
and, therefore, submits that had he been appointed, he might have got the
benefit of absorption.
4. It has now been pointed out that it has been clarified the matter
regarding diplomas were not covered by the judgment of the Apex Court in
Orissa Lift Irrigation (supra) while referring to the order passed in MA
Nos.1795-1796 of 2017 in Civil Appeal Nos.17869-17870 of 2017, wherein
vide order dated 22.01.2018 it was held that validity of such courses leading to
diplomas was not subject matter of the judgment.
2 of 4
Neutral Citation No:=2024:PHHC:064535-DB
LPA-587-2023 (O&M)
5. Another factor, which weighs with us for not to interfere in the
order of the learned Single Judge is that since apparently the appellant himself
placed on record Public Notice (Annexure P-7) issued by the University
Grants Commission published in August, 2013, wherein it had identified 21
self-styled unrecognized institutions in nine States, which were functioning in
contravention of the provisions of the UGC Act. All these institutions have
been declared as fake and did not have any right to confer or grant degrees.
For the State of Uttar Pardesh, it has been noticed that in the case of Bhartiya
Shiksha Parishad, Lucknow the matter was subjudice before the District Judge,
Lucknow. Thus, it is apparent that the University Grants Commission itself
had acknowledged the fact that there were various institutes in the State of
Uttar Pardesh including Bhartiya Shiksha Parishad, Lucknow and list of 9
instituted as such had been given which were fake, whereas the institute from
the appellant himself got the diploma, the same institute was agitating
regarding its recognition before the District Judge.
6. In such circumstances, we are of the considered opinion that no
relief can be granted as such to the appellant in the peculiar facts and
circumstances, since apparently the decision taken in the year 2013 was only
on the basis of the fact that diploma was only obtained without attending any
class and it was by way of distance education from the institute situated in the
State of Uttar Pardesh. The said institute itself struggling to get itself
recognized and mired in litigation. The decision, thus, taken at that point of
time for candidates against the post which was in the form of scheme and the
3 of 4
Neutral Citation No:=2024:PHHC:064535-DB
LPA-587-2023 (O&M)
scheme having come to an end and the litigation at this stage is speculative as
much that had he been selected he could have been absorbed.
7. Keeping in view the cumulative facts, we are of the considered
opinion that it is not a fit case to proceed further. Resultantly, there is no merit
in the present letters patent appeal and the same is hereby dismissed in limine.
(G.S. SANDHAWALIA)
ACTING CHIEF JUSTICE
(LAPITA BANERJI)
09.05.2024 JUDGE
Naveen
Whether speaking/reasoned : Yes
Whether Reportable : No
4 of 4
