Tuesday, February 4, 2014

DELHI HIGH COURT JUDGEMENT THAT KARTAR SINGH CASE KA FAISLA AANE TAK EVEN TECHNICAL DEGREE BHI VALID


IN THE HIGH COURT OF DELHI AT NEW DELHI
 
 
 
  W.P.(C) 1149/2012
 
 
 
  S.C.JAIN AND ORS
 
  ..... Petitioners
 
  Represented by: Mr.M.K.Bhardwaj, Advocate
 
 
 
 
versus
 
 
 
  UOI AND ORS
 
  ..... Respondents
 
  Represented by: Mr.Amitesh Kumar, Advocate
  with Mr.Mayank Manish, Advocate for
  UGC/AICTE.
 
  Mr.Rajeev Sharma, Advocate with Mr.Uddyam
  Mukherjee, Advocate for R.1 to 4.
 
  Mr.Pranab Prakash, Advocate for Mr.R.Biswas,
  Advocate for R.6 to 12.
 
  Mr.Himanshu Upadhyay, Advocate for R.13.
 
  Mr.A.Hussian, Dy.Registrar (Legal) for DEC.
 
 
 
  CORAM:
 
   HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
 
   HON'BLE MS. JUSTICE VEENA BIRBAL
 
   O R D E R
 
   28.01.2013
 
 
 
  1. Petitioners, appointed as Engineering Assistants earned promotion to
  the post of Senior Engineering Assistants and the further promotion to
  the post of Assistant Engineers. The next promotional post is that of
  Assistant Station Engineer in the junior time scale.
 
  2. The issue which is troubling the writ petitioners is the degree in
  Engineering obtained by them from ?Institute of Advance Studies of
  Education? through Distance Education.
 
  W.P.(C) 1149/2012 page 1 of 3
 
  3. If the said degree is not a recognized degree the petitioners would
  not be eligible for promotion. If the degree would be a recognized
  degree they would be eligible for promotion.
 
  4. The Tribunal has held that the degree obtained by the writ petitioners
  is not a recognized degree. The reason is the view taken that technical
  education cannot be imparted through Distance Education.
 
  5. Learned counsel for the parties would agree that similar is the view
  taken by a Division Bench of the Punjab and Haryana High Court in WP(C)
  1640/2008 titled Kartar Singh v. UOI and Ors.
 
  6. Matter currently awaits adjudication before the Supreme Court where
  notices have been issued in the Petition?s seeking Special Leave to
  Appeal against the decision of the Punjab and Haryana High Court. Our
  attention has been drawn to an interim order dated December 14, 2012


  passed in SLP(C) No.35793-96/2012 wherein the Supreme Court had held that
  those students who had obtained degrees and diplomas which have been
  declared non-recognized by the High Courts would be eligible to take
  benefit of the degrees and diplomas obtained by them pending final
  hearing.
 
  7. Learned counsel for the parties agree that the instant writ petition
  could be disposed of observing that if the Supreme court were to set
  aside the decision of the Punjab and Haryana High Court in Kartar Singh
 
  case (supra), impugned decisions dated December 21, 2011 and February 02, 2012 passed by the Tribunal would be treated as been over ruled and the
  result would be the writ petitioners being entitled to the benefit of the
  degrees obtained by them through Distance Education treating the degrees
  to be legal and valid. Should the Supreme Court negate the challenge to
  the decision of the Punjab and Haryana High Court, view taken by the
  Tribunal
 
  W.P.(C) 1149/2012 page 2 of 3
 
 
 
  would be corrected resulting in the writ petitioners being held not
  eligible for promotion on the strength of the degrees they rely upon.
 
  8. But till the Supreme Court decides on the subject, petitioners would
  be treated as having valid degrees but this would be subject to the view
  which the Supreme Court may finally take.
 
  9. The writ petition stands disposed of declaring as above but without
  any order as to costs.
 
  10. DASTI.
 
  CM No.2489/2012
 
  Since the writ petition has been disposed of the instant
  application seeking stay of the impugned order till the disposal of the
  writ petition is dismissed as infructuous.
 
 
 
   PRADEEP NANDRAJOG, J.
 
 
 
 
 
 
 
   VEENA BIRBAL, J.
 
  JANUARY 28, 2013
 

No comments:

Post a Comment