OM PRAKASH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The validity of degree in Engineering awarded by the J.R.N. Rajasthan Vidyapeeth, Udaipur is in issue in the present proceeding. The brief facts of the case are that, the institute namely, J.R.N. Rajasthan Vidyapeeth, Udaipur was granted a 'deemed to be University' status by notification dated 12.01.1987 issued by the Department of Human Resources Development, Government of India under Section 3 of the University Grants Commission Act, 1956. The petitioners were admitted in 'Bachelor of Engineering' course in the academic year, 2005-08 and they were granted degree of Bachelors of Engineering in the year, 2009. The petitioners are employed under the Department of Road Construction, State of Jharkhand. A seniority list was published on 27.10.2009 however, When a dispute arose with respect to the validity of degree of Engineering awarded to the petitioners, a show-cause notice was issued on 29.10.2010 and thereafter, an order was passed on 20.12.2010 whereunder the Under Secretary, Road Construction Department found that the degree awarded to the petitioners are not recognised by All India Council for Technical Education (in short 'AICTE') and therefore, such degree is not valid. Thereafter, a revised gradation list was published and by notification dated 13.04.2011, the private respondent was made In-charge Assistant Engineer.

(2.) By orders dated 01.09.2011 and 22.09.2011, the private respondent as well as AICTE have been impleaded as party-respondent in the present proceeding and they have filed their affidavits.

(3.) A counter-affidavit has been filed on behalf of the respondent-State of Jharkhand stating that, the recruitment to the Bihar Engineering Services Class II is through direct appointment and by way of promotion from Junior Engineers as per seniority however, 10% of the post in promotion quota is reserved for the diploma holders who obtained degree in Engineering or AMIE. The department accorded permission to 23 persons including the petitioners for undertaking further studies. A gradation list was published on 27.10.2009 in which 45 Junior Engineers who had obtained degree in Engineering or AMIE were included. The said gradation list was challenged in W.P. (S) No. 5400 of 2009 on the ground that several persons who do not possess Engineering degree from AICTE approved institute, have been included in the gradation list. The department made enquiries and wrote letter dated 24.11.2009 to the Distance Education Council seeking information regarding approval of the degree in Engineering awarded by J.R.N. Rajasthan Vidyapeeth, Udaipur, Rajasthan and I.A.S.E. Deemed University, Rajasthan. The Department of Road Construction wrote letter to the AICTE also seeking clarification about the degree of Engineering awarded by J.R.N. Rajasthan Vidyapeeth, Udaipur, Rajasthan. By letter dated 23.07.2010, the Distance Education Council informed that it has not accorded approval to any specific programme offered by J.R.N. Rajasthan Vidyapeeth, Udaipur, Rajasthan. The AICTE vide letter dated 13.09.2010 informed that it recognises only M.B.A. and M.C.A. Programmes through distance mode. In view of the aforesaid communications, a show-cause notice was issued to the petitioners and other similarly situated persons for deleting their names from the seniority list published on 27.10.2009 and thereafter, a revised gradation list was published on 20.12.2010 removing the name of the persons who had obtained Engineering degree or AMIE from J.R.N. Rajasthan Vidyapeeth, Udaipur and I.A.S.E. Deemed University Rajasthan.