VIKASH KUMAR Vs. HARYANA STATE POLLUTION CONTROL BOARD

JUDGEMENT

(1.) The writ petition seeks for issue of writ of certiorari to quash the order of the Chairman, Haryana State Pollution Control Board under the terms of which it was observed that the recommendation of diploma awarded by J.R.N. Rajasthan Vidyapeeth University, Udaipur shall not be accepted and treated as fulfilling the qualification prescribed for Junior Environmental Engineer. The qualification for consideration for appointment to the post namely Junior Environmental Engineer is diploma in Mechanical Engineering. Admittedly, the petitioner had a diploma but it was issued by the Rajasthan Vidyapeeth University, which is a deemed University, through a distance education programme.

(2.) The contention of learned Senior Counsel for the petitioner is that the Department of Secondary & Higher Education, Government of India had already issued a notification on 01.03.1995 declaring that all the qualifications awarded through distance education by Universities established by an Act of Parliament or State Legislature, Institutions Deemed to be Universities under the UGC Act of 1956 and Institutions of National Importance recognized under an Act of Parliament shall automatically be recognized for the purpose of employment to the posts and services under the Central Government, provided it had been approved by the Distance Education Council and whenever necessary, by All India Council for Technical Education (hereinafter called as "AICTE"). The notification is still in place and the decision of the State was purported to have been taken in view of a communication issued by the AICTE to the Director, Technical Education, Government of Haryana clarifying that AICTE had not given any approval to any University or Institution to offer UG/PG degree programme in Engineering/Technology and diploma programmes through the distance education mode and that would include among other institutions, the Rajasthan Vidyapeeth Udaipur.

(3.) Learned Senior Counsel appearing for the petitioner, however, would contend that in a meeting held on 13.01.2009 C.W.P. No.1405 of 2009 -3- under the Chairmanship of Chief Secretary, Haryana regarding the equivalence of technical education awarded by Deemed Universities and Technical Institution, the following decision, inter alia, among other decisions had been taken: