Allahabad High Court
Rameez Khan vs State Of U.P. And 4 Others on 14 November, 2022
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 37 Case :- WRIT - A No. - 17007 of 2022 Petitioner :- Rameez Khan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Matiur Rehman Khan,Mohammad Asif Counsel for Respondent :- C.S.C.,Abhishek Srivastava Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioner and Sri Abhishek Srivastava, learned counsel for the contesting respondents.
This petition has been filed with the following main relief:-
"(i) Issue a writ order or direction in the nature of mandamus to direct the Respondents to appoint the petitioner on the post of Junior Engineer (Trainee) Electrical in pursuance of selection list dated 11.03.2022."
Sri Abhishek Srivastava, learned counsel has placed before this Court a copy of the written instructions sent from the respondent no.2 i.e. Secretary of the Electricity Service Commission.
It has been stated in the said instructions that an advertisement was issued on 11.11.2020 for category-wise vacancies. The vacancy advertised for Junior Engineer (Trainee) in Electrical, Electronics/Tele-communication, were to be filled up through a Computer Based Test (CBT) which was held on 07 and 08.09.2021 and thereafter a shortlist of two times advertised category-wise vacancies was issued on 18.12.2021. The shortlisted candidates were called for document verification on 28 and 29.12.2021 at Electricity Training Institute, Sarojini Nagar, Lucknow. The petitioner's name was shortlisted on the basis of CBT but such selection was provisional and dependent upon document verification. The petitioner with Roll No.14146100476 had applied in OBC category with Diploma in Electrical Engineering conducted by Eastern Institute for Integrated Learning in Management University, Sikkim (EIILM University). The Commission has verified from the official website of the University Grant Commission (UGC), the status of EIILM University (Private University), Jorethang, District Namhi, Sikkim and as per the UGC, a Fact Finding Committee has made certain recommendations in regard to such private university. As per such recommendations, Director (Higher Education), Human Resource Development Department, Government of Sikkim had validated the degree of 2009-10 issued from EIILM University only in three discipline i.e. B.A. (Hospital & Tourism), BCA and MBA for students within the territorial jurisdiction of the State of Sikkim. Degrees in other discipline except in the aforesaid three as specified, and beyond academic year 2009-10 were not valid. As such in pursuance of the recommendations of the Fact Finding Committee has noted and approved by the UGC in its 508th meeting dated 27.07.2015 at Item No.5.01, the certificate of Diploma in Electrical Engineering from EIILM University submitted by the petitioner, was not found to be valid. The conditional selection of the petitioner was therefore cancelled.
The instructions dated 29.09.2022 sent from the Secretary of the respondent no.2, are kept on record.
The writ petition stands dismissed leaving it open for the petitioner to approach competent forum for compensation from EIILM University for holding out to the petitioner and similarly situated students that the diploma certificates issued by it in Electrical Engineering are valid and recognized by the UGC.
Order Date :- 14.11.2022 Vivek Kr.