NEERAJ KUMAR AGARWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant petition has been filed by the petitioner seeking promotion to the post of Assistant Engineer (Civil) in the Uttarakhand Public Works Department on the basis of recommendation dated 09.12.2011 made by the Public Service Commission (for short "the PSC") and related reliefs.

(2.) According to the petitioner, he holds a Bachelor's degree in e ngineering. He was appointed as a Junior Engineer (Civil), PWD through the PSC in the year 2004. The service conditions of the petitioner are governed by the Uttarakhand Public Works Department, Assistant Engineer (Civil) Service Rules 2003 (for short "the Rules"). The Rules were amended in the year 2005 and a quota of 8.33% was earmarked for promotion to the post of Assistant Engineer (Civil) from the posts of substantively appointed Junior Engineer (Civil), who have completed five years of regular service and who have Degree in Engineering. For the year 2010-2011, the State sent a requisition on 17.09.2010 to the PSC for undertaking promotion to the post of Assistant Engineer (Civil) from substantively appointed Junior Engineer. The Departmental Promotion Committee (for short "the DPC") was constituted, which met on 11.11.2010. The PSC recommended the names of 12 persons against 14 vacancies. In the quota of 8.33%, two names at serial nos. 12 and 13 were recommended. They were Rakesh Prakash Naithani and Naveen Dhyani respectively.

(3.) The PSC forwarded its recommendation on 18.11.2010. One of the recommended candidates, namely Naveen Dhyani (at serial no. 13) was having degree from Rajasthan Vidhya Peeth, Sardar Shahar Rajasthan through distant learning. The State vide its communication dated 19.11.2010 informed the PSC that such degree is neither recognized nor valid. Therefore, the recommendation dated 18.11.2010 made by the PSC did not move forward. Meanwhile, the State again on 13.06.2011, sent a fresh requisition against 8.33 % quota and two left out vacancies to the PSC. This time name of the petitioner was also forwarded for consideration. The PSC again constituted DPC, which held its meeting on 23.11.2011. On 09.12.2011, the recommendations were made. The petitioner and Rakesh Prakash Naithani were recommended for promotion.