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
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