Can’t Demand Degree Of AICTE-Approved Institute From A Candidate Who Graduated In Requisite Subject From Statutory University: Rajasthan High Court
The Rajasthan High Court, Jaipur Bench, has said that a candidate, who possesses the requisite qualifications for holding the post of Assistant Loco Pilot, cannot be denied empanelment merely for the reason that the degree possessed by him is not from an institute approved by the All India Council for Technical Education (AICTE).The division bench of Chief Justice Pankaj Mithal and Justice...
The Rajasthan High Court, Jaipur Bench, has said that a candidate, who possesses the requisite qualifications for holding the post of Assistant Loco Pilot, cannot be denied empanelment merely for the reason that the degree possessed by him is not from an institute approved by the All India Council for Technical Education (AICTE).
The division bench of Chief Justice Pankaj Mithal and Justice Shubha Mehta observed that a degree or diploma obtained from a statutory University is outside the ambit of recognition of the AICTE.
"Thus, in the overall facts and circumstances of the case, we are of the opinion that as the petitioner possesses the requisite qualifications for holding the post of Assistant Loco Pilot, he cannot be denied empanelment merely for the reason that the degree possessed by him is not from an institute approved by the AICTE when he is having a degree from a statutory university, which is outside the purview of recognition from the AICTE."
The petitioner is a candidate selected for the post of Assistant Loco Pilot. Though there was no objection against his selection and his document verification was completed, he was not included in the final panel on the ground that he did not possess the required educational qualification in terms of the advertisement.
In the advertisement, the minimum basic qualification needed was provided as matriculation with a certificate of apprenticeship or a degree or diploma in Mechanical and Automation Engineering from an institute approved by the All India Council for Technical Education (AICTE).
In a case moved before the Central Administrative Tribunal (CAT) by the candidate, it was held that he possesses the requisite eligible educational qualifications prescribed for recruitment to the post of Assistant Loco Pilot as per the Centralized Employment Notice. The respondent- authorities were directed by CAT to consider him for selection after due verification of his diploma or degree, if he is otherwise eligible.
Subsequently, based on the order, the petitioner was reconsidered for the appointment but the empanelment was denied to him on the ground that the diploma/degree of Mechanical and Automation Engineering possessed by him is not from an institute recognized by the AICTE.
When an appeal was preferred by the petitioner, the Tribunal partly allowed his case and directed the State-respondents to empanel him as Assistant Loco Pilot in any of the vacancies, which may still exist, or that may arise in future. Aggrieved by the order, the Union of India and the Railways filed the Writ Petition contending that the petitioner cannot be directed to be empanelled even if any vacancy exists.
The Court pointed out that the issue of eligibility of the petitioner as to whether he possesses the minimum educational qualification prescribed has been considered by the Tribunal and it has been categorically held that he possesses the requisite qualifications including diploma/diploma in Mechanical and Automation Engineering from a recognised institute.
"The aforesaid judgment and order is final and conclusive and, therefore, at this juncture, it does not lie in the mouth of the State-respondents to allege that the petitioner is not eligible," said the court, adding that the State-respondents were only required to verify the genuineness of the diploma/degree possessed by the petitioner.
The court observed that the State-respondents have not raised the contention that the diploma/degree possessed by the petitioner is fake. "In the above circumstances, the Tribunal is perfectly justified in holding that the State-respondents cannot raise such a plea at this juncture," it added.
The Court further noted that the petitioner obtained his degree in Mechanical and Automation Engineering from Amity University, which was created through a special enactment i.e. The Amity University Rajasthan, Jaipur Act, 2008.
Relying on Apex Court decision in Bharathidasan University & Anr. Vs. All India Council for Technical Education & Ors, the division bench said the apex court has clearly ruled that there is a distinction between universities and other technical institutions and the universities are beyond the scope of recognition by the AICTE.
"Since the petitioner has completed his graduation in the required subject from a university and that the said university is outside the ambit of recognition of the AICTE, the condition of having the degree from an approved institute of AICTE, would not be attracted," it added.
The court observed that it is only in the cases where the diplomas or degrees are from any technical institute that the AICTE recognition would be mandatory.
Considering the facts and circumstances of the case, the court held that the petitioner possesses the requisite qualifications for holding the post of Assistant Loco Pilot and cannot be denied empanelment merely for the reason that the degree possessed by him is not from an institute approved by the AICTE when he is having a degree from a statutory university, which is outside the purview of recognition from the AICTE.
Thereby, the Court dismissed the petition since it did not find any merit in the petition.
Case Title: Union of India and Anr v. Atul Khare
Citation: 2023 LiveLaw (Raj) 6