C.W.P. No.6243 of 2010 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.6243 of 2010 Date of Decision.27.01.2012 Swaran Singh and others .....Petitioners Versus The Punjab State Electricity Board, the Mall, Patiala through its Secretary .....Respondent
Present: Mr. Dharmveer Sharma, Senior Advocate with Ms. Shivani Sharma, Advocate for the petitioners.
Mr. Pushpinder Kaushal, Advocate for Mr. Pavit Mattewal, Advocate for the respondent.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see the judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
K. KANNAN J.(ORAL)
1. Learned counsel for the respondent seeks for time on the ground that other connected cases are pending to some other date. Learned Senior counsel for the petitioners opposes the plea for adjournment and states that the matter covered in this case is squarely governed by a decision of Division Bench.
2. The contention is that the petitioners have not been considered for promotion only because they have obtained their degrees from a Deemed University and therefore, it is not taken as valid qualification. This has been dealt with by the Division Bench of this Court in Manoj Kumar and others Vs. State of Haryana and others 2007(1) SCT 612 where the issue for consideration was appointment to the post of Multi Purpose Health Workers and the claim was made by C.W.P. No.6243 of 2010 -2- persons on the basis of certain courses passed from Rajasthan Vidya Peeth, which is a deemed University. The Court found that if the certificate issued had been accepted by the UGC then it would not be competent for State to refuse the recognition of such qualification. In this case also, the petitioners claim that they have obtained B.Tech degree from the Institute of Advanced Studies in Education, Gandhi Vidya Mandir, Sardarshahr (Rajasthan) a Deemed University. Learned Senior Counsel appearing for the petitioners will place reliance on notification issued by the Joint Secretary, Government of India that in exercise of powers under the UGC Act under Section 3, the Central Government on the advice of the Commission declared the Institute of Advanced Studies in Education (Deemed University), Gandhi Vidya Mandir, Sardarshahr (Rajasthan) as a Deemed University for the purpose of above Act. The objection by the learned counsel on behalf of the respondent is that the degrees granted to the petitioners are in distance education mode and is not in regular courses and the petitioners have not been passed the regular courses. I have not been shown any particular prohibition against Deemed University having Distance Education Programme under any provision of the UGC Act to disqualify a person for consideration.
3. The writ petition is allowed. The petitioners shall be treated as duly eligible for consideration for promotion. The decision for promotion shall be taken within a period of 8 weeks from the date of receipt of copy of this order.
(K. KANNAN) JUDGE January 27, 2012 Pankaj*