Manas Kum ar Hazra v. Union of I ndia and Ot hers) By t he said j udgm ent

prot ect ed. Pet it ioner challenged his reversion by filing original applicat ion before Cent ral Adm inist rat ive Tribunal which has been dism issed by t he im pugned j udgm ent .

3. Learned Tribunal has dism issed t he original applicat ion by holding t hat since pet it ioner has not challenged t he eligibilit y condit ions for prom ot ion as Charge Man Grade- I I , which provide t hat diplom a in engineering m ust be recognized by AI CTE ( All I ndia Counsel for Technical Educat ion) , t herefore, no relief can be grant ed t o pet it ioner.

4. Adm it t edly, diplom a awarded t o pet it ioner by Janardan Rai Nagar Raj ast han Vidyapeet h ( deem ed) Universit y, Udaipur ( Raj ast han) was not recognized by AI CTE and it was sim ply approved by I ndira Gandhi Nat ional Open Universit y ( I GNOU) . The recruit m ent rules applicable for t he post of Charge m an Grade- I I are on record as Annexure No.CA2 t o t he count er affidavit filed by respondent nos.2 and 3.

5. Rule 2( i) of t he said Rules known as I ndian Ordnance Fact ories Group “ C” Supervisory and Non- Gazet t ed Cadre ( Recruit m ent and Condit ions of 2 Service) Rules, 1989 as am ended in 2003 provides t hat one m ust possess t hree years diplom a or equivalent qualificat ion cert ificat e t he respect ive field duly affiliat ed by AI CTE. I t is not in disput e t hat AI CTE is t he regulat ory body for t echnical courses, including degree and diplom a courses in engineering.

6. Since t he diplom a possessed by pet it ioner was not recognized by AI CTE, t herefore, learned Tribunal right ly held t hat qualificat ion possessed by pet it ioner do not m eet requirem ent of t he applicable recruit m ent Rules, t herefore, t here is no scope for int erference wit h t he order whereby pet it ioner’s prom ot ion was wit hdrawn.

7. Learned counsel for pet it ioner subm it s t hat Hon’ble Suprem e Court in t he case of Or i ssa Li f t I r r i g a t i o n Co r p o r a t i o n Li m i t e d Vs. Ra b i Sa n k a r Pa t r o a n d Ot h e r s report ed in ( 2 0 1 8 ) 1 SCC 4 6 8 while declaring t hat wit hout AI CI TE approval, B.Tech Degree obt ained t hrough dist ance m ode is not valid, gave one opport unit y t o such candidat es t hose were enrolled in B.Tech Course bet ween 2001 t o 2005. He subm it s t hat said j udgm ent was only qua B.Tech Degree holders and t here was no observat ion m ade in respect of diplom a holders in Engineering.

8. Per cont ra, Mr. Pankaj Chat urvedi, learned counsel appearing for t he em ployer subm it s t hat in t he aforesaid j udgm ent , Hon’ble Suprem e Court disapproved t he pract ice of issuing degree/ diplom a in Engineering courses t hrough dist ance educat ion m ode, wit hout class room t eaching. He subm it s t hat even if 3 Hon’ble Suprem e Court was not expressly dealing wit h diplom a courses in t he said j udgm ent , however, rat io of t hat j udgm ent shall apply t o diplom a courses as well t he candidat es who obt ained diplom a t hrough dist ance educat ion m ode from Janardan Rai Nagar Raj ast han Vidyapeet h ( deem ed) Universit y, Udaipur ( Raj ast han) , which was not recognized by AI CTE, cannot be t reat ed as eligible. He furt her point s out t hat Hon’ble Suprem e Court was dealing wit h a B.Tech degree awarded by t he sam e universit y in t he aforesaid j udgm ent .

9. Be t hat as it m ay, since recognit ion by AI CTE is one of t he condit ions of eligibilit y as per t he recruit m ent rules applicable for t he post of Charge m an Grade- I I and adm it t edly pet it ioner’s diplom a is not recognized by AI CTE, t herefore, learned Tribunal was j ust ified in not int erfering wit h t he order of reversion passed against t he pet it ioner.

10. Thus, we do not find any good ground t o int erfere wit h t he im pugned j udgm ent . The writ pet it ion fails and t he sam e is dism issed. ( Su b h a sh Up a d h y a y , J.) ( M a n o j K u m a r Ti w a r i , J.) 11.08.2025 SS SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8a 6380d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D 72C42261361AED33172F152148D, cn=SUKHBANT SINGH 4