1 2025:CGHC:16772 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8325 of 2022 1 Usha Kaushal Patwa W/o Shri Bhagwati Kumar Patwa Aged About 38 Years R/o Near Motisagar Talab, Jagriti Nagar, Urkura, P.S. Khamtarai, District Raipur Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Water Resources Department, Mantralaya, Naya Raipur, District Raipur Chhattisgarh 2 The Engineer In Chief Water Resources Department, North Block Sector 9 Shivnath Bhawan, Naya Raipur, District Raipur Chhattisgarh 3 The Superintendent Engineer Mahanadi Mandal, Water Resources Department, Sihava Bhawan Parisar, Civil Lines, Raipur District Raipur Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Garry Mukhopadhyay, Advocate For Respondent(s)/ State : Shri Kanwaljeet Singh Saini, P.L. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.04.11 10:24:41 +0530 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 09/04/2025 Heard. 1. By the present writ petition, the petitioner, who is working in the post of Chowkidar Class IV in the Water Resource Department is seeking a direction towards the respondent authorities for grant of appointment in the post of Sub Engineer (Civil) on the basis of her merit in the departmental exam 2021 from the date others were given appointment i.e. 13.07.2022 with all the consequential benefits and seniority. 2. Learned counsel for the petitioner submits that the petitioner has obtained her diploma in Civil engineering from IGNOU through distance course on 22.11.2016 and the petitioner has taken admission for the course of Civil Engineering in the month of July, 2011. He further submits that pursuant to the advertisement of Departmental Exam, 2021 the petitioner participated and cleared the said examination and her name finds place at Serial No. 9 of the merit list of the departmental examination result. However, the petitioner was not appointed to the said post on the ground that her diploma of the Civil Engineering from IGNOU from distance 3 course is not a valid degree, hence she is not eligible for appointment to the post of Sub Engineer (Civil). He further by referring judgment of Hon’ble Supreme Court in the case of M.D. Nassem Baig & Ors Vs. AICTE and Ors. decided on 18.09.2020 and circular of AICTE dated 25.11.2020 submits that AICTE in its circular has cleared that AICTE has no objection for B.Tech Degree/ Diploma in Engineering awarded by IGNOU to the students who were enrolled upto academic year 2011-12 with IGNOU as per the decisions of the Supreme Court and hence treated the said qualification as valid. Hence, in view of the decision of the Hon’ble Supreme Court and circular of AICTE, the qualification acquired by the petitioner from IGNOU as the petitioner has also enrolled and taken admission in the month of July 2011 in IGNOU, the petitioner is entitled to be appointed in the post of Sub Engineer (Civil) on the basis of her merit in the departmental exam. 3. Learned counsel for the respondent/ state submits that though name of the petitioner found place in the merit list of the examination but the petitioner failed to submit documents relating to the date of enrollment in the Diploma course through distance and for the said reason the petitioner has not been given appointment. 4 4. I have heard learned counsel for the parties and perused the documents annexed and the Annexure at Pg- 16 which is the statement of marks issued by the IGNOU. 5. Perusal of the said marksheet shows that month and year of admission is July, 2011 it means that admission has been taken by the petitioner in the month July, 2011 which is the month of enrollment also. Hence it is not in dispute that the petitioner has enrolled in the said course in the year 2011, therefore as per M.D. Nassem Baig (supra) and circular dated 25.11.2020 by AICTE it is very clear that AICTE has no objection for B.Tech Degree/ Diploma in Engineering awarded by IGNOU to the students who were enrolled upto academic year 2011-12 as per Supreme Court judgment and the said qualification has been treated to be valid by the AICTE. The respondents are disputing the qualification of the petitioner particularly to the degree of Diploma, on the basis of which the petitioner is seeking appointment to the post of Sub Engineer (Civil). It is not in dispute that the petitioner is acquired the qualification of Diploma in Civil Engineering on the basis of her enrollment in the month of July, 2011 as a student of the Distance education course from IGNOU. It is also not in dispute that AICTE is treating the same course as valid. Therefore, there is no need to submit further document for date of enrollment, as the date of enrollment/ admission is apparent from the statement of marks issued by the IGNOU. Hence, as the petitioner is having a valid degree of Diploma in Civil Engineering which is one of the criteria 5 for appointment to the post of Sub Engineer (Civil), the petitioners deserves to be appointed to the post of Sub Engineer on the date when the petitioner passed the Departmental examination. 6. In view of the above, the respondent are directed to issue appointment order of the petitioner for the post of Sub Engineer (Civil) on the basis of marks secured in the merit list in the departmental exam. 7. At this juncture, it is brought to the notice of this Court that by order dated 03.12.2022 interim relief was granted to keep one post vacant for the petitioner in the Sub Engineer (Civil). Thus, it is directed that necessary steps be taken for appointment of the petitioner to the post of Sub Engineer (Civil)on the basis of her marks in the merit list of the departmental exam within a period of 30 days from the date of receipt of a copy of this order with all consequential benefits. 8. With the aforesaid observation, the petition stands disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti