BRIJESH KUMAR CHAUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) The application, to restore the writ petition to file, is not opposed by Mrs. Prabha Naithani, learned Brief Holder for the State of Uttarakhand, and the application for restoration is, therefore, allowed and the writ petition is restored to file.

(2.) The petitioner has invoked the jurisdiction of this Court seeking a writ of certiorari to quash the order passed by the second respondent dtd. 11/9/2017; and for a mandamus commanding the second respondent to provide promotion to the petitioner to the post of Assistant Engineer (Civil) under the 7.33 per cent quota of graduate Civil Engineer, along with all consequential benefits, including notional promotion from 2012.

(3.) Facts, to the limited extent necessary, are that the petitioner sought permission, vide letters dtd. 28/4/2010 and 18/11/2010, from the department to pursue a B.Tech degree course in Civil Engineering. The seventh respondent granted permission to the petitioner to pursue his B.Tech degree course in Civil Engineering vide letter dtd. 31/12/2010. The petitioner claims to have pursued his B.Tech degree course from the Institution of Civil Engineers (India) at Ludhiana (Punjab), and to have been awarded Associate Membership [AMICE(I)] which, according to him, is equivalent to a B.Tech degree in Engineering. It is also the petitioner's case that his qualification of AMICE(I) has been duly recognised by the AICTE, as is evident from the letter dtd. 16/9/2008; and this course is also recognised by the Union of India as per the notification dtd. 6/11/2007.