DILIP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The learned counsel for the petitioners submitted that the impugned order has been passed without considering the relevant material. It was incorrect to state that the petitioners were not entitled for higher pay-scale or grant of promotion on the ground that they had obtained necessary qualification that was not approved by the AICTE. Inviting attention to the communication dtd. 12/04/2021 issued by the Urban Development Department to the Chairman, NIT it was submitted that it was clarified that the educational qualification obtained from the Engineering Staff College, Nashik was accepted as valid. As per the Government Resolution dtd. 23/08/2011 the qualifications obtained through Distance Education were treated as valid. Reference was also made to the communications dtd. 14/10/2020 and 12/11/2020 in that regard. Without considering the effect of these communications it was held that the petitioners were not entitled for promotion or grant of higher pay-scale. It was thus submitted that the impugned communications be set aside and the relief as prayed for be granted.

(3.) The learned counsel appearing for the NIT opposed the aforesaid submissions. He referred to the affidavit in reply placed on record and submitted that in view of the decision of the Honourable Supreme Court in Orissa Lift Irrigation Corporation vs. Rabi Sankar Patro and Ors. (2018) 1 SCC 546 dtd. 03/11/2017 the Degrees in Engineering awarded by the Deemed to be Universities were not valid. As per Circular dtd. 30/12/2020 issued by the AICTE, Diploma in Engineering obtained through Distance Education mode was also not valid. Since it was found that the petitioners had obtained their qualifications from the Universities that were within the purview of the Circular dtd. 30/12/2020 issued by AICTE, the petitioners were not entitled for such relief. The decision as taken was in the light of the communication dtd. 27/12/2021 issued by the State Government clarifying the matter. Hence no illegality was committed.