Degrees Through Distance Education From Non-Recognized Institutions Cannot Be Grounds for Promotion: Punjab & Haryana High Court
In a significant judgment, the Punjab and Haryana High Court has dismissed a series of petitions seeking promotion based on diplomas obtained through distance education from an unrecognized university. The court underscored that diplomas acquired through distance learning from non-recognized institutions cannot be considered valid for the purpose of employment promotion.
Brief on Legal Point of the Judgment:
The court was dealing with writ petitions filed under Article 226 of the Constitution of India. The petitioners sought promotion to the post of Junior Engineer, contending their eligibility based on diplomas in Civil Engineering obtained from the Institute of Advanced Studies in Education Deemed University, Gandhi Vidya Mandir, Sardarshahr, Rajasthan. However, this university was not recognized by the All India Council for Technical Education (AICTE) for distance education.
Facts and Issues Arising in the Judgment:
The petitioners were appointed as Tube-Well Operators and later sought promotion to Junior Engineer, based on the said diplomas. The respondents rejected their promotion, citing the non-recognition of the university for distance education by AICTE. The petitioners argued that their diplomas were valid and relied on precedents, while the respondents contended the opposite based on the same.
Detailed Court Assessment:
Precedents and Validity of Diploma: The court referred to the Division Bench judgments in the Kartar Singh and Jasvir Singh cases, which denied the validity of degrees and diplomas through distance education from non-recognized institutions for employment promotion. The court noted that the judgment in Swaran Singh’s case, cited by the petitioners, was not applicable as it was per-incuriam and did not consider the Division Bench Judgment in Kartar Singh’s case.
Non-recognition of the Institution: The court emphasized that the diploma obtained by the petitioners was through distance education from a non-recognized institution, and no documents were provided to prove the approval of the Diploma certificate by the State of Punjab.
Decision of Judgment:
The court dismissed the petitions, finding no merit in the petitioner’s claim for promotion based on the diplomas obtained through distance education from a non-recognized university. It upheld the respondents’ decision, citing the non-recognition of the institution.
Date of Decision: April 3, 2024
Lakhwinder Singh, Sukhwinder Singh, Bishan Dass vs. Managing Director, Punjab Water Source Management and Development Corporation and others
