AVNISH TAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Single Judge dtd. 24/10/2018, whereby the writ petition filed by the petitioners has been dismissed by the learned Single Judge, relying on the judgment of the Apex Court in Orissa Lift Irrigation Corporation Ltd. v. Rabi Sankar Patro and Ors., (2018) 1 SCC 468.

(2.) Appellants-petitioners, who are four in number, approached the learned Single Judge inter alia with the prayer that the respondents be directed not to de-recognise their degree obtained from Distance Education Mode and also be further directed not to revert them from the post of Assistant Engineer to that of Junior Engineer. It was further prayed that a direction be issued to the respondents to provide them all service benefits regarding promotions and other incentives by treating them as degree holder Engineers. The learned Single Judge has in the impugned judgment reproduced para 53 of the judgment of the Supreme Court in Orissa Lift Irrigation Corporation Ltd., supra, which reads as under:

(3.) The learned Single Judge therefore while disposing of the writ petition directed the State Government to examine the case of each of the candidate individually in terms of the directions of the Apex Court, as noted above, and those candidates who have obtained qualification through distance education after 2005-06 and those from 2006-07 onwards, their degrees in engineering are directed to be cancelled and the students/candidates would be entitled to get the amount paid by them refunded from the concerned deemed universities. In view thereof, the learned Single Judge further observed that if any person has been granted promotion on the basis of such qualification, which has been acquired after year 2005-06, the promotion shall be recalled and for others, promotion shall continue.