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High Court of Uttarakhand · body

2022 DAILYLAW 532 (UTT)

HARPAL SINGH v. SECRETARY IRRIGATION GOVT. OF UTTARAKHAND

WPSB/111/2022 · 2026-06-11

Manoj Kumar Tiwari, Pankaj Purohit

body2022

Judgment text

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPSB No.111 of 2022 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J. Mr. Dinesh Gahatori, learned counsel for the petitioners. 2. Mr. G.S. Negi, learned Addl. C.S.C. for the State. 3. Mr. Bhagwat Mehra, learned counsel for respondent no.3, through video conferencing. 4. Mr. M.C. Pant, learned counsel for respondent nos.4 to 11. 5. Petitioners were appointed as Junior Engineer (Civil) based on diploma in Civil Engineering possessed by them, in different years. While in service, petitioners qualified AMIE Examination which they claim is equivalent to B.Tech/B.E. Degree. Petitioners are presently serving as Additional Assistant Engineer in Irrigation Department. Petitioners have challenged communication dated 16.09.2021 issued by Secretary, Irrigation to Engineer in-Chief, Irrigation Department, which is on record as annexure no.5 to the writ petition. 6. By impugned communication, Engineer in-Chief was informed that persons who were enrolled with Institution of Civil Engineers India, Ludhiana, Punjab, on or before 31.05.2013 and were awarded AMIE Certificate in subsequent years, shall be treated as eligible for promotion against 7.33 % Quota Post of Assistant Engineer meant for AMIE certificate holders. 7. Learned counsel for the petitioner contends that private respondents possess AMIE Degree awarded by Institution of Civil Engineers India, Ludhiana, Punjab; since recognition granted to the said Institution was withdrawn by All India Council for Technical Education (AICTE) w.e.f., 31.05.2013 and private respondents were awarded AMIE Degree after 31.05.2013, therefore they were not eligible to be considered for promotion against Degree Holder Quota Post of Assistant Engineer. 8. Learned counsel for the petitioners submits that pursuant to liberty granted by this Court vide order dated 07.03.2022, all private respondents have now been promoted as Assistant Engineer against Degree Holder Quota Post, even though the degree possessed by them is not recognized by AICTE. Thus it is contended that their promotion is liable to be cancelled. 9. Learned State counsel however submits that private respondents were considered for promotion against Degree Holder Quota Post after examining their degrees and when it was found that private respondents were enrolled with Institution of Civil Engineers India, Ludhiana, Punjab, on or before the cut-off date i.e., 31.05.2013, only then they were considered for promotion. 10. This Court is not inclined to interfere with impugned notification dated 16.09.2021 as it has been issued pursuant to AICTE notification. AMIE Certificate awarded to students who were enrolled with Institution of Civil Engineers (India), Ludhiana, Punjab, on or before cut-off date i.e., 31.05.2013 shall be treated as valid, in terms of AICTE notification, therefore, there is no scope for interference with the impugned communication. 11. The writ petition however is disposed of with a direction to the Secretary (Irrigation) to scrutinize the degree as well as service record of private respondents to ascertain whether private respondents took admission in Institution of Civil Engineers (India), Ludhiana, Punjab, on or before the cut-off date i.e., 31.05.2013 or not. If it is found that private respondents took admission in Institution of Civil Engineers (India), Ludhiana, Punjab, after 31.05.2013 then necessary order shall be passed after issuing notice to the private respondents. (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 11.06.2026 SK