RAMCHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE first four petitioners served the Department of Public Health Engineering, Haryana as Water Pump Operator -II, Work Supervisor, WPO/MCC while the 5th petitioner served the Department of Technical Education as Workshop Instructor. While in service, they improved their qualifications by obtaining Diploma in Civil Engineering conducted through Delhi Regional Centre of Indra Gandhi National Open University. This Open University provides education through distance learning mode. On the strength of the newly acquired qualifications, they staked their claim for promotion to the post of Junior Engineers etc. and petitioner No.5 as a Lecturer in his Department in terms of the departmental promotion policy. Their claim has been rejected on the premise that they are not educationally qualified to hold the post. The adverse decision has been conveyed not in shape of an order but in response to the legal notice served by Col. N.R.Dahia, Advocate, also the learned counsel for the petitioners in this case. The Chief Secretary to Government of Haryana's instructions issued vide letter dated 21.5.2009 have been cited in the response, in which it has been laid down that : -

(2.) IT is further stated in response that the case of equivalency/recognition of Diploma in Civil Engineering awarded by IGNOU was received from Public Health Engineering Department, Haryana and the same was put up in the equivalency committee meeting of the Board held on 17.8.2011 wherein the Committee decided that the matter may be referred to the All India Council of Technical Education (AICTE) for clarification. AICTE replied vide letter dated 2.11.2011 as follows : -

(3.) MR .Dahia learned counsel appearing for the petitioners prays that this letter is contrary to law and deserves to be quashed and the petitioners deserve to be declared eligible and qualified with their newly acquired technical qualifications to hold the post of Junior Engineer and Lecturer respectively. It is argued that the University Grants Commission, the apex body and mother organization with respect to higher education in India in exercise of its statutory power have issued letters dated 28.7.1993 and 2.11.2004 and the Association of Indian Universities vide its letter dated 14.1.1994 and held that the Certificates, Diplomas and Degrees awarded by IGNOU are to be treated equivalent to the corresponding awards of the Universities in the country. It is submitted that no approval of the Joint Committee of AICTE/UGC/DEC is required. It is submitted that this Joint Committee is not a statutory body. The body was created for 3 years and the DEC of IGNOU has been dissolved by office memorandum dated 16.5.2013 issued by Ministry of Human Resources Development, Government of India, Department of Higher Education, New Delhi. It is submitted that petitioners No.3 and 4 have been permitted to pursue regular courses in Deenbandhu Chhotu Ram University of Science and Technology, Murthal on the basis of B.Tech qualification earned from IGNOU. It is urged that the respondents cannot allow the petitioners on one hand to acquire qualifications and then to deny promotion on the basis of such qualifications. If the respondents do not recognize such qualifications, then they should not grant permission to achieve such qualifications. The judgment rendered in Tariq Islam v. Aligarh Muslim University and others; AIR 2001 SC 3058 has been cited to contend that the equivalence of qualifications has to be determined before a person is allowed to undergo a course. It is submitted that the petitioners earned technical qualifications from IGNOU in regular class room mode on weekend basis and not through distance mode. AMIE qualification granted by the Institution of Engineers, Calcutta has been cited as one which is treated equivalent to a diploma and degree by the State Government itself. It is argued that AICTE cannot control or supervise the colleges affiliated to Universities. It is then urged that the Division Bench decision of this Court rendered in Kartar Singh v. Union of India and others; CWP No.1640 of 2008 decided on 6.11.20012 does not hold that degrees and diploma courses conducted by IGNOU through weekend classes are to be treated as obtained through distance mode as alleged by the respondents. IGNOU is a Central University created under a Central Act passed by Parliament and no university is required to seek recognition or permission from AICTE for conducting any kind of course whether technical or non -technical. The petitioners draw the attention of this Court to the UGC letter dated 16.9.2013 (P -25) for this. In Kartar Singh's case (supra), the Division Bench of this Court held that the employers have the prerogative of prescribing the qualifications and recognizing such degrees/ certificates for appointment to various posts as well as promotions to various posts in their departments/organizations. It has been clarified that the degrees earned through distance education in technical discipline which are covered under AICTE can only be considered and recognized for the purpose of employment under the Central Government if they are recognized/approved by the AICTE. Imparting of technical education after commencement of the AICTE Act is not permissible. The AMIE qualification has been held by the Division Bench to be relevant for the purpose of promotion and not for direct recruitment as an associated member becomes eligible for membership only if he is engaged in the engineering profession. It may, however, be noticed that Special Leave to Appeal (Civil) No.35793 -35796 of 2012 are pending before the Supreme Court against the judgment of this Court rendered in Kartar Singh's case (supra). An interim order has been issued in the SLPs that in the meanwhile, the students whose degrees and diplomas have been declared null and void by the High Court in the impugned order may apply for either employment or for admission if the cut off dates are going to expire before 21.1.2013. The interim order, therefore operates in matters of applications for employment/direct appointments or for admission to the courses of the institutions whose cases were considered by this Court in Kartar Singh's case (supra). Vide further order, the interim order has been ordered to remain in operation. This is neither a case of direct appointment nor admission to seats in educational institutions. The Haryana Public Works Department, Public Health Branch, Junior Engineers (Group C) Service Rules, 1986 prescribe in rule 7 that no person shall be appointed to any post in service unless he is in possession of qualifications, experience specified in column No.3 of Appendix B to these rules in the case of direct recruitment and those specified in Column No.4 of the aforesaid Appendix in the case of appointments other than by direct recruitment. Appendix 'B' lays down that for promotion to the post of Junior Engineer (Civil), a person must have 6 years experience as Work Inspector or surveyor and that he should have passed 3 years National Certificate (Theoretical) course in Civil Branch conducted by the State Board of Technical Education, Haryana or its equivalent with knowledge of Hindi up to the Matric standard. When the question of equivalence is added to the promotion rule towards qualification, then equivalence has to be determined by operation of a legal instrument otherwise not. Petitioners No.1 to 4 do not possess the required qualifications laid down in the rules nor is there presence of an order giving equivalence to awards conferred by IGNOU. On the other hand, the issue of equivalence has been determined by the Equivalence Committee set up for the purpose in Haryana where a decision has been taken that under graduate and post graduate degree and diploma programmes in Engineering and Technology earned through distance education mode are not valid for initial appointment and promotions in Haryana. Government remains the best judge of its requirements for Junior Engineers (C) to work under the State. IGNOU delivers education through long distance mode. The petitioners cannot be held to be qualified to hold the post of Junior Engineers (Civil).