Central Administrative Tribunal - Jabalpur
Sanjay Kumar Mehra vs M/O Defence on 23 July, 2025
Reserved
(On 07.04.2025)
CENTRAL ADMINISTRATIVE TRIBUNAL
JABALPUR BENCH
JABALPUR
Dated : This the _23rd day of __July_ 2025
Hon'ble Mr. Justice Akhil Kumar Srivastava, Member (J)
Hon'ble Ms Mallika Arya, Member (A)
Original Application No. 200/808 of 2014
1. Sanjay Kumar Mehra, P. No. 913970, Aged 37 Years, S/O
Shri Laxminarayan Mehra, Working as Chargeman
(Electrical), Section: EM, Ordnance Factory Itarsi Distt:
Hoshangabad-461122 R/o Q. No. 2063/II, Ordnance
Factory Estate, Itarsi, Distt: Hoshangabad-461122
2. Devendra Patel, P. No. 913972 Aged 34 Years S/O Shri
Suresh Chandra Patel, Working as Chargeman
(Mechanical), Section: GMP, Ordnance Factory Itarsi, Distt:
Hoshangabad-461122. R/o Q.no. 2181/II, Ordnance
Factory Estate, Itarsi, Distt: Hoshangabad-461122
3. Manish Barve, P. No. 914067, Aged 35 Years, S/O Shri
Ramoutar Barve Working as Chargeman (Mechenical),
Section: CMM(BP), Ordnance Factory Itarsi, Distt:
Hoshangabad-461122. R/o Q.no. 1104/1, Ordnance
Factory Estate, Itarsi, Distt: Hoshangabad-461122
4. Yogesh Rajput, P. No. 913968, Aged 31 Years, S/O Shri
jeevan Singh Rajput, Working as Chargeman(Civil),
Section: C.W, Ordnance Factory Itarsi, Distt:
Hoshangabad-461122. R/o Shivaji Nagar, Itarsi, Distt:
Hoshangabad-461122.
PIYU PIYU
5. Murari Lal Dhurvey, P. No. 914070, Aged 39 Years, S/O
SH SH Shri Summi Dhurvey, Working as Chargeman
CHANCHAN (Mechenical), Section: CMM(NG), Ordnance Factory Itarsi
DRA DRA
Distt: Hoshangabad-461122. R/o Q.no. 1063/A, Ordnance
Factory Estate, Itarsi, Distt: Hoshangabad-461122.
1
6. Pawan Kumar Paliwal, ,P. No. 913969, Aged 35 Years, S/O
Shri Shiv Kumar, Working as Chargeman(Electrical),
Section: EM(BP), Ordnance Factory Itarsi, Distt:
Hoshangabad-461122. R/o Q.no. 3426/C, Ordnance
Factory Estate Itarsi, Distt: Hoshangabad-461122.
7. Prakash Kumar Churendra, P. No. 914076, Aged 35 Years,
S/O Shri Mannulal Churendra, Working as
Chargeman(Electrical), Section: EM(GAP), Ordnance
Factory Itarsi, Distt: Hoshangabad-461122. R/o Q.no.
1513/A, Ordnance Factory Estate, Itarsi, Distt:
Hoshangabad-461122.
8. Krishna Kant Upadhyay, P. No. 914119, Aged 42 Years,
S/O Shri Markanday, Working as Chargeman(Mechanical),
Section: HRD, Ordnance Factory Itarsi, Distt:
Hoshangabad-461122. R/o Q.no. 1059/1, Ordnance
Factory Estate, Itarsi, Distt: Hoshangabad-461122.
9. Ram Kumar Mahoviya, P. No. 914051, Aged 30 Years, S/O
Shri Guljari lal, Working as Chargeman (Mechanical),
Section: CMM, Ordnance Factory Itarsi, Distt:
Hoshangabad-461122. R/o Q.no. 1005/A, Ordnance
Factory Estate, Itarsi, Distt: Hoshangabad-461122.
10. Dharmendra Kumar Sardana, P. No. 914077, Aged 43
Years, S/O Shri Raj Kumar Sardana, Working as
Chargeman(Mechanical), Section: EM/NC, Ordnance
Factory Itarsi, Distt: Hoshangabad-461122. R/o Q.no.
34089/C, Ordnance Factory Estate, Itarsi, Distt:
Hoshangabad-461122.
11. Shashi Kant Falke, ,P. No. 914058, Aged 40 Years, S/O
Shri Bhasker Rao Falkey, Working as
Chargeman(Mechanical), Section: QC, Ordnance Factory
Itarsi, Distt: Hoshangabad-461122. R/o Q.no. 3490/C,
Ordnance Factory Estate, Itarsi, Distt: Hoshangabad-
PIYU PIYU 461122.
SH SH
CHANCHAN
DRA DRA 12. Mahendra Kumar Choudhary, P. No. 914080, Aged
37Years, S/O Shri Shri Lal Kuwar, Working as
Chargeman(Electrical), Section: EM/BP, Ordnance Factory
2
Itarsi, Distt: Hoshangabad-461122. R/o Q.no. 3362/C,
Ordnance Factory Estate, Itarsi, Distt: Hoshangabad-
461122.
13. Rishi Rajpal, P. No. 913839, Aged 36 Years S/O Shri I.R.
Rajpal, Working as Chargeman(Mechanical), Section: MT,
Ordnance Factory Itarsi, Distt: Hoshangabad-461122. R/o
Near Sailani Baba Itarsi, Itarsi, Distt: Hoshangabad-
461122.
14. Brijesh Kumar Nathu Kolte, P. No. 914052, Aged 36 Years
S/O Shri N.S. Kolte, Working as Chargeman(Mechanical)
Section: CMM/BP, Ordnance Factory Itarsi, Distt:
Hoshangabad-461122. R/o Q. No. 3418/C, Ordnance
Factory Estate, Itarsi, Distt: Hoshangabad-461122.
15. Pashupati Jha, P. No. 914049 Aged 36 Years, S/O Shri
Rampratap Jha, Working as Chargeman(Mechanical),
Section: CMM/NC, Ordnance Factory Itarsi Distt:
Hoshangabad-461122. R/o Q.no. 3383/C, Ordnance
Factory Estate, Itarsi, Distt: Hoshangabad-461122.
16. Virendra Kumar Barkare, P. No. 914066, Aged 30 Years,
S/O Shri Chotelal Barkare, Working as
Chargeman(Mechanical), Section: CMM/NC, Ordnance
Factory Itarsi, Distt: Hoshangabad-461122. R/o Q.no.
1553/A, Ordnance Factory Estate, Itarsi, Distt:
Hoshangabad-461122.
17. Narendra Pratap, P. No. 914064, Aged 37 Years, S/O Shri
Soudager Ram, Working as Chargeman(Mechanical),
Section: GMP, Ordnance Factory Itarsi, Distt:
Hoshangabad-461122. R/o Q.no. 2194/AR, Ordnance
Factory Estate, Itarsi, Distt: Hoshangabad-461122.
18. Munim Singh Kirar, P. No. 913975, Aged 37 Years, S/O
Shri Moharman Singh Kirar, Working as
Chargeman(Mechanical), Section: GMP, Ordnance Factory
PIYU PIYU Itarsi, Distt: Hoshangabad-461122. R/o Q.no. 3324/C,
SH SH Ordnance Factory Estate, Itarsi, Distt: Hoshangabad-
CHANCHAN
DRA DRA 461122.
3
19. Dayashankar Pawar, P. No. 914079, Aged 46 Years, S/O
Late Shri Lakhmi Chand Pawar, Working as Chargeman
(Electrical), Section: WI, Ordnance Factory Itarsi, Distt:
Hoshangabad-461122. R/o Q.no. 2193/AR, Ordnance
Factory Estate Itarsi, Distt: Hoshangabad-461122.
20. Som Narayan Chouhan, P. No. 914057, Aged 40 Years,
S/O Shri Ramdas Chouhan, Working as
Chargeman(Mechanical), Section: CMM/NIGU, Ordnance
Factory Itarsi, Distt: Hoshangabad-461122. R/o Q.No.
3482/C, Ordnance Factory Estate, Itarsi, Distt:
Hoshangabad-461122.
21. Ravindra Kumar Barman, P. No. 914118, Aged 32 Years,
S/O Shri Bansilal Barman, Working as
Chargeman(Mechanical), Section: GMP, Ordnance Factory
Itarsi, Distt: Hoshangabad-461122. R/o Q.no. 2034/AR,
Ordnance Factory Estate, Itarsi, Distt: Hoshangabad-
461122.
22. Mahadeo, P. No. 914081, Aged 39 Years, S/O Shri
Shyamrao, Working as Chargeman(Electrical), Section:
EM/NIGU, Ordnance Factory Itarsi, Distt: Hoshangabad-
461122. R/o Q.no. 1047/A, Ordnance Factory Estate. Itarsi,
Distt: Hoshangabad-461122.
23. Hariom Shukla, P. No. 913840, Aged 38 Years, S/O Shri
Shri Lal Shukla, Working as Chargeman(Mechanical),
Section: GMP, Ordnance Factory Itarsi, Distt:
Hoshangabad-461122. R/o 1.T.I. Road Hoshangabad,
Distt: Hoshangabad-461001.
24. Ajay Kumar Dubey, P. No. 913843, Aged 37 Years, S/O
Shri Lalit Kumar Dubey, Working as
Chargeman(Mechanical) Section: ITC, Ordnance Factory
Itarsi, Distt: Hoshangabad-461122. R/o Minakshi Chouck
Hoshangabad, Distt: Hoshangabad-461001.
PIYU PIYU 25. Bidyanand Roy, P. No. 913976, Aged 36 Years, S/O Shri
SH SH Devendra yaday, Working as Chargeman(Mechanical),
CHANCHAN
DRA DRA Section: GMP, Ordnance Factory Itarsi, Distt:
Hoshangabad-461122. R/o Q.no. 3432/TYPE/C Ordnance
Factory Estate, Itarsi, Distt: Hoshangabad-461122.
4
26. Narendra Krishana Malviya, P. No. 913974, Aged 42
Years, S/O Late Shri P.C. Malviya, Working as
Chargeman(Mechanical), Section: IM/BP, Ordnance
Factory Itarsi, Distt: Hoshangabad-461122. R/o F/12 Goyal
apartment Gulmohar Bhopal, Distt: Bhopal -462039.
27. Rajesh Kumar Tembekar, P. No. 914059, Aged 38 Years,
S/O Shri Dashram Maruti Tembekar, Working as
Chargeman(Mechanical), Section: CMM, Ordnance Factory
Itarsi, Distt: Hoshangabad-461122. R/o Q.no. 2208/11,
Ordnance Factory Estate Itarsi, Distt: Hoshangabad-
461122.
.......Applicants
By Adv: Shri N.S. Ruprah
VERSUS
1. Union of India Through the Secretary, Ministry of Defence
New Delhi.
2. Director General, Ordnance Factories Board, 10-A
Shaheed Khudiram Bose Road Kolkata-700 011(W.B).
3. General Manager, Ordnance Factory Itarsi, Distt.
Hoshangabad - 461122 (M.P).
4. The Secretary, Human Resources Development,
Department of Higher Education, Government of India,
New Delhi-110001.
5. All India Council for Technical Education, 7th Floor,
Chandralok Building, Janpad, New Delhi-110 001.
6. Janardan Rai Nagar Rajasthan, Vidyapeeth, (Established
PIYU PIYU u/S 3 of the UGC Act, 1956) Pratapnagar Udaipur 313001,
SH SH
CHANCHAN
Rajasthan.
DRA DRA
7. University Grants Commission, Bahadur Shah Zafar Marg,
NEW DELHI 110002.
5
8. Distance Education Bureau, UGC Building, Campus,
Bahadur Shah Zafar Marg, New Delhi - 110002.
........Respondents
By Adv: Shri S.K. Mishra and Ms. Kausiki Sharma proxy counsel
for Shri Akash Choudhury
ORDER
By Ms. Mallika Arya, AM The applicants through the present OA have prayed to quash the impugned orders dated 10.10.2014 (Annexure A/1), impugned order dated 25.07.2013 and impugned order dated 21/24.14.2014 (Annexure A/2A) and to restrain the respondents from acting contrary to the UGC Act and the status conferred by the respondent No. 6, Vidyapeeth and its distance education course including Diploma in Engineering.
2. The brief facts of the case are that the all the applicants are working on the post of Chargeman in the services of the PIYU PIYU respondents in Ordnance Factory, Itarsi, Hoshangabad. All the SH SH CHANCHAN DRA DRA applicants have reached their posts of Chargemen after clearing 6 the Limited Departmental Competitive Examination (LDCE). In fact the post of Chargeman is filled up as follows:
25% through Direct recruitment 25% through LDCE (competitive examination for departmental candidates) and 50% through normal promotion.
3. The main requirement of filling up the 25% vacancies through LDCE is that the candidates should be from amongst the skilled workers with two years experience in the skilled grade. The candidates must also possess educational qualifications required for direct recruitment as laid down in SRO-13E dated 04.05.1989 as amended by SRO-191 dated 28.11.1994 and SRO-66 dated 27.05.2003. Candidates possessing the required qualification in terms of these SROS from an industrial institute recognized by Government of India are also eligible. The Janardan Rai Nagar, Rajasthan Vidyapeeth, hereinafter referred as Vidyapeeth having its head office at Pratapnagar, Udaipur Rajasthan was established U/s 3 of University Grants Commission Act, 1956 (UGC) and was granted the status of deemed University vide Notification No. F.9/04-U-3 dated PIYU PIYU SH SH 12.01.1987.
CHANCHAN DRA DRA 7
4. The Government of India, Ministry of Human Resources Development Department of Secondary and Higher Education, New Delhi issued a declaration dated 17.02.2004 (Annexure A-7) in which it was declared that all degrees / diplomas awarded by Universities established by an Act of Parliament or State Legislature, Institutions deemed to be Universities under Section 3 of the U.G.C. Act, 1956 and Institutions of National Importance declared under an Act of Parliament, stand automatically recognized for purposes of employment under the Central Government and that no formal orders recognizing such degrees / diplomas are necessary to be issued.
5. The reference may also be made to another clarificatory circular issued by the HRD on dated: 23.04.2012 filed herewith as Annexure A-8. Para 2 thereof is reproduced below:-
"As per letter No.F.18-27/70-T.2 dated 20.11.1970, (Copy enclosed), the degrees/diplomas awarded by (1) University in India incorporated by an act of the Central or State Legislature in India, (II) Educational Institutions established by an act of Parliament and (iii) Institutions deemed as universities under Section (3) of the University Grant Commission's Act, 1956 stand PIYU PIYU automatically recognized by the Government of India for purpose SH SH of employment under Central Government. Therefore, the CHANCHAN degrees/diplomas awarded by JRN Rajasthan Vidyapeeth, DRA DRA Udaipur, an Institution (Deemed to be University) are recognized for the purpose of employment under the Central Government"8
6. All the applicants submitted that they have passed their Diplomas in Mechanical, Electrical and Civil Engineering from the Vidyapeeth and all of them have submitted these very certificates to the respondents for the purpose of getting entry in the LDCE. The applicants except Dayashankar Pawar (applicant no.19) have done their apprenticeship after higher secondary / matriculation. Thereafter they have passed the National Council for Vocational Training Certificate (NCVT) / State Council for Vocational Training, Jabalpur (SCVT) (Annexure A/12). After passing this certificate, the applicants went for the said diploma course through distance education. By virtue of passing NCVT/SCVT, they were exempted from some papers. However, the applicant no. 19 did all the papers for his diploma as he was not NCVT. The net result is the same that all applicants hold diplomas from Vidyapeeth. The applicants have passed the LDCE held in various years and thereafter they got promoted to the posts of Chargeman against 25% LDCE quota vide orders dated 20.12.08, 23.10.10, 29.07.12, and 29.10.13 filed herewith as Annexure A-13 series. The applicants joined on the post of Chargemen on the PIYU PIYU same day of their respective promotion orders and they have SH SH CHANCHAN DRA DRA been working continuously on the said posts, to the complete satisfaction of the respondents since then till date. 9
7. The respondent no. 2 DGOF Koltaka, passed the impugned order dated 10.10.2014 (Annexure A-1) wherein it was stated that "an investigation has been conducted by the Chief Vigilance Officer of Ordnance Factory Board wherein irregularities in the appointment/promotion through LDCE to the post of Chargeman (T) based on Diploma qualification not approved by AICTE has been done". It was ordered that all such promotees should be reverted back to their parent posts and immediate action was ordered. The applicants were also informed of a Circular dated 25.07.2013 (Annexure A-2) whereby the Diploma i.e. Technician Engineers Examination of IME passed by the applicants was not recognized. The applicants are asking for quashment of Annexure A-1, A-2 and A-2A from Janardan Vidyapeeth University, which means respondent No. 6, must to be reverted. It has been further stated in Annexure A-2A that promotions through LDCE based on such Diplomas (acquired from Janardan Vidyapeeth University) are irregular and incumbents so appointed /promoted are required to be reverted back to their parent posts.
PIYU PIYU SH SH CHANCHAN DRA DRA 10
8. The respondents have filed their reply in which they submitted that the applicants were promoted to the post of Chargeman/Tech. through Limited Departmental Competitive Examination. On receipt of complaint regarding irregularities in appointments through LDCE to the post of Chargeman/Tech. Based on Diploma / qualification not approved by the AICTE, an investigation was carried out and the Ordnance Factory Board issued an order No.2982/LDCE/CM(T&NT)/VIG/PER/NG dated 10.10.2014 (Annexure A/1 to the OA) to the Sr. General Manager/General Manager Head of Units of all Ordnance & Ordnance Equipment Factories/Units asking them to take immediate necessary action for identification of appointment /promotions made subsequent to the issue of notification of SRO 66, dated 27.05.2003 through LDCE based on Diploma qualification, not approved by AICTE, and take further action for reversion of the incumbents identified to their parent posts that they held prior to such appointment / promotion. The said order was not served to any employee including the applicants. It was only addressed to the Sr. General Manager/General PIYU PIYU Manager/Head of Units of all Ordnance & Ordnance Equipment SH SH CHANCHAN DRA DRA Factories/Units for appropriate action. Numerous Court cases 11 have been filed before various benches of the Tribunal against the said order.
9. The impugned order No.2982/LDCE/CM(T&NT)/ VIG/PER/NG dated 10.10.2014 was subsequently withdrawn vide OFB order No. 2982/LDCE/CM (T&NT)/VIG/PER/NG dated 21.10.2014. Hence no action on the said order dated 10.10.2014 has been taken by the respondents (Annexure R/1). Subsequently, Ordnance Factory Board issued another order No. 2982/LDCE/CM(T&NT)/ VIG/PER/NG dated 21/24.10.2014 (Annexure R/2) to the Sr. General Manager/General Manager/Head of Units of all Ordnance & Ordnance Equipment Factories /Units asking them to take immediate necessary action for identification of appointment/ promotions made subsequent to the issue of notification of SRO 66, dated 27.05.2003 through LDCE based on Diploma qualification acquired from "Janardan Vidyapith University", not approved by AICTE, and take further action for reversion of the incumbents identified to their parent posts that they held prior to such appointment/promotion. As per PIYU PIYU above SRO 66 dated 27.05.2003 the following essential SH SH CHANCHAN DRA DRA qualification is required for eligibility in participating in the LDCE 12 for the post of Chargeman/Tech. (Mechanical), Chargeman/Tech. (Electrical) & Chargeman/Tech. (Civil):
"Three years Diploma or equivalent qualification certificate in the respective field duly affiliated by AICTE."
10. The applicants have obtained diploma in Mechanical/ Electrical/Civil Engineering through distant mode from J.R.N. Rajsthan Vidhyapeeth. It has been further submitted that the said course through distant hearing mode from J.R.N. Rajsthan Vidhyapeeth, is not recognized by AICTE.
11. The matter regarding acceptance of diploma obtained through distant mode for appearing in the LDCE, for CM (T & NT) has been examined by the committee at the Board level. The Ordnance Factory Board vide letter dated 25.07.13 (Annexure A/2 of OA) 27.09.13 has clarified that an expert committee was duly constituted by the competent authority to examine the equivalence of the educational qualification w.r.t. the qualification prescribed in the relevant recruitment rules (SRO-66 of 27.05.2003). The committee in its report had recommended not to PIYU PIYU SH SH consider the educational qualification acquired from distant CHANCHAN DRA DRA education mode and the courses not approved by AICTE for 13 promotion/appointment. The OFB clarified that the degree/Diploma (including B.Tech./M.Tech.) for any technical disciplines acquired through distant mode cannot be considered acceptable for appearing in the LDCE for Chargeman (Tech.). A copy of letter dated 27.09.13 issued by the OFB has been filed as Annexure R/5. The AICTE vide letters dated 18.01.12 and 09.07.2014 have clarified that "AICTE does not recognize the qualification acquired through distance mode in the field of engineering and technology". The applicants have obtained diploma in Mechanical/Electrical/Civil Engineering, through distance mode of learning from J.R.N. Rajsthan Vidhyapeeth which is not recognized by the AICTE. Since three years Diploma or equivalent qualification certificate in the respective field duly affiliated to AICTE is an essential qualification, the applicants were not having minimum qualification prescribed in the SRO. Hence, Ordnance Factory Board issued an order No. 2982/LDCE/CM(T&NT)/VIG/PER/NG dated 21/24.10.2014 to take immediate necessary action for identification of appointment/promotions made subsequent to the issue of PIYU PIYU notification of SRO 66, dated 27.05.2003 through LDCE based on SH SH CHANCHAN DRA DRA Diploma qualification acquired from "Janardan Vidyapith University", not approved by AICTE, and take further action for 14 reversion of the incumbents identified to their parent posts. No right accrues to the applicants on the basis of an illegal/irregular promotion. Thus the order dated 21/24-10-2014 by OFB, based on SRO-66, is logical and legal. Hence, the contention of the applicants is not supported by SRO.
12. A number of Original Applications (OA Nos. 138/12, 330/00439/14, 1159/13, 1211/13, 1212/13, 1213/13, 1214/13, 1215/13, 1129/13, 1130/13, 1133/13, 1134/13, 1135/13, 1136/13, 1137/13, 1142/13, 1153/13, 1472/11, 732/12, 738/12, 1593/11, 1739/12, 1231/13 and 1232/13), were filed before the CAT Allahabad on the same issue. All these cases have been finally decided vide common order dated 12.12.2014. The CAT Allahabad, after a detailed discussion of relevant provisions and law on the subject, have been pleased to hold that no right accrues on the basis of qualification not in conformity with the qualification prescribed in governing SRO. A copy of common order dated 12.12.2014 passed in above OAs is enclosed as (Annexure R/8). Similarly, the issue of eligibility to appear in PIYU PIYU LDCE on the basis of diploma/degree qualification acquired SH SH CHANCHAN DRA DRA through distance mode, has been adjudicated in OAs (No.200/01034/2014, 200/01035/2014, 200/01033/2014 & 15 200/01025/2014) by this Hon'ble Tribunal, in which, vide their interim orders dated 16/12/2014 and 18/12/2014, this Tribunal has held that no right accrues to the applicants if the qualification is not as prescribed under the governing SRO. In view of the order passed by the CAT Allahabad the applicants are not entitled for any relief. The OA is liable to be dismissed.
13. The applicants have filed their rejoinder in which nothing new has been stated by them.
14. We have heard learned counsel for the parties and perused the records carefully.
15. We observe that Allahabad Bench of this Tribunal in OA No. 138 of 2012 - Raj Kumar Yadav and others vs. Union of India and others alongwith other connected cases, has dismissed the OAs while relying on the judgment of Hon'ble Supreme Court in the case of Union of India vs. Kartick Chandra Mondal & Anr - PIYU PIYU Civil Appeal No. 2090/2007 in which the Hon'ble Supreme Court SH SH CHANCHAN DRA DRA has held that, "....If and appointment is made illegally or irregularly, the same cannot be the basis of further 16 appointment. An erroneous decision cannot be permitted to perpetuate further error to the detriment of the general welfare of the public on a considerable selection".
16. The counsel for the respondents have also produced an order passed by the CAT, Cuttack Bench in O.A. No. 697/2015. The relevant portion of the order of CAT, Cuttack Bench (Supra) reads as follows:
"9. Regarding the other question relating to the validity of the Diploma qualification acquired by the applicant through distance mode from JRNRV for the purpose of the promotion to the post of Chargeman as per the SRO 191, it is seen that this Tribunal vide order dated 30.6.2014 (Annexure-13) passed in the OA No. 290/2011, it was held as under:-
"......The AICTE in their letter dated 23.12.2010 confirmed that it is not the policy of the AICTE to recognize the qualification acquired through distance education mode in the field of engineering, technology including architecture, town planning, pharmacy, hotel management etc. and instead, they recognize only MBA and MCA Programmes through Distance Education Mode. This position was also confirmed by a letter dated 31.12.2010 received from the Joint Secretary, Ministry of HRD, Government of India. Based upon these clarification, it was decided that the applicant did not possess the educational qualification required for Chargeman and therefore, he was issued with a show cause notice dated 1.2.2011. According to Respondents, Hon'ble High Court of Orissa vide judgment reported in 2011 (1) OLR CUT-162 (Policy Planning Body and another -vs- silicon Institute of Technology & Ors. ) held that AICTE is the body which can grant permission to the institute for study of technical education and not the University or Government. Since the AICTE had not approved the Diploma course obtained by the applicant from J.R.N.R.Vidyapeeth University, Rajasthan, the Respondents concluded that the certificate in their opinion was non est in the eyes of law and consequently, the applicant was not eligible for the post of PIYU PIYU Chargeman (T). In response to the show cause notice, reply SH SH given by the applicant was considered and no merit was found CHANCHAN in the same. This was disposed vide order dated 2.4.2011 and DRA DRA accordingly, the order of reversion was issued......"17
10. Above order dated 30.6.2014 was challenged by the applicant before Hon'ble High Court in W.P. (C) 12140 of 2014, which was disposed of vide order dated 29.9.2015 (Annexure-23) of Hon'ble High Court, in which it was held as under:-
"1. This petition is preferred from the order dated 30.6.2014 of the Central Administrative Tribunal, Cuttack Bench Cuttack in O.A. No. 290 of 2011, whereby the prayer of the petitioner to direct upholding his promotion by upholding the Diploma Certificate on the basis of which promotion was granted, has been rejected.
2. The impugned order of the Tribunal is expressly relying upon ratio of earlier decision of the Tribunal in O.A. Nos. 253 and 254 of 2008 as also O.A. No. 62 of 2011. The Tribunal has adopted the view that, as decided in the earlier applications, the Tribunal lacks jurisdiction to hold an opinion when the authenticity of the certificate as well as the institution issuing such certificate were called into question by the employer. The employer in the present case has clearly conveyed once again vide its order dated 24.8.2015 inter alia as under:-
"Whereas letter dated 21/24.10.2014 and the report of the Committee constituted for the said purpose and clarification received from OFB (Ordnance Factory Board) vide their letter no. 2982/LDCE/CM(T&NT)/Vig/Per/NG. dated 13.3.2015 in response to this factory letter of even number dated 10.3.2015 together, it reveals that the promotion earned on the basis of Diploma qualification obtained from Janardan Rai Nagar Rajasthan Vidyapeeth University,Udaipur, Rajasthan by the said P.C.Dehury is irregular."
3. The promotion granted to the petitioner having been cancelled on the above basis and the letter dated 21/24.10.2014 and the report of the Committee constituted for the purpose having admittedly not been challenged in any forum, the petitioner was not entitled to straightway claim or pray for setting aside the order cancelling his promotion based upon the clarification which has been determined to be irregular. There is not even any argument as to why Tribunal should have taken any view inconsistent with its earlier decision on the same point.
4. Therefore, the petition is dismissed with liberty to the petitioner to challenge the original order, letters and decision whereby it is decided that the certificate of the petitioner was not required to be recognized or relied upon for his promotion. There is no order as to cost."
11. There is nothing on record to show that the order dated 29.9.2015 was challenged before Hon'ble Apex Court. The said order, which has PIYU PIYU SH SH attained finality, upheld the decision of the respondents vide order CHANCHAN dated 24.8.2015 (Annexure-21 of the present OA) to revert the applicant DRA DRA on the ground that his Diploma obtained from JRNRV was irregular, with the liberty to the applicant to challenge the original decision regarding the requirement of his certificate. As per the SRO No. 66 (Annexure-R/3 of the Counter), the requirement for direct recruitment to 18 the post of Chargeman Gr.II (technical) was a three year Diploma qualification certificate in respective field duly affiliated by AICTE. In the notification (at Annexure-6 of the OA) advertised for promotion through LDCE, the eligibility criteria clearly mentioned that the educational qualification for Direct Recruitment as per the SRO 66 will be applicable. The applicant has not challenged these notifications which specified the requirement that his Diploma is required to be affiliated to the AICTE in this OA. As observed in the order dated 30.6.2014 of this Tribunal (Annexure-13), the AICTE does not have policy for affiliating the Diploma courses on distance mode and it was decided that this Tribunal has no jurisdiction to decide the validity of the said certificate and the writ petition filed to challenge the order dated 30.6.2014 was dismissed by Hon'ble High Court vide order dated 29.9.2015.
12. The respondents have cited the order dated 12.12.2014 of Allahabad Bench of this Tribunal (Annexure-R/5) in OA No. 138/2012 and other linked OAs, in which a similar dispute was adjudicated and it was held as under:-
"2. In the present original application filed under Section 19 of the Administrative Tribunals Act 1985, the applicants has prayed for quashing of the impugned order dated 04.11.2011 (Annexure A-5) passed by the respondent no. 3 by means of which the candidature of the applicants to appear in Limited Departmental Competitive Examination (hereinafter referred to as L.D.C.E) for the post of Charge Man /Technical /Non-technical (Store & OTS) has been rejected on the ground that the Diploma in Mechanical Engineering awarded by the Janardan Rai Nagar Rajasthan Vidyapeet (Deemed) University, Udaipur, Rajasthan (hereinafter referred to as "J.R.N.R.V") have not been issued by the authorized / authentic Institution as per the provisions of the relevant SROs. ............................................................................
28. From the view as emerging from the above mentioned judgement of the Apex Court, it is clear that the concept of equality , as contained in Article 14 of the Constitution, is a positive concept and cannot be enforced in a negative manner. If an authority is shorn or realizes that it has committed any illegality or irregularity in favour of any individual or group of individuals, others cannot claim same illegality or irregularity on the ground of denial thereof to them. Having regard to this position, the argument of counsel for the applicants on this part based upon example of Shri D.K. Malviya cannot be sustained. .......................................................
31. Having regard to the facts and circumstances of these O.As, it is clear that the impugned order has been passed declaring the applicants as educationally ineligible to appear in LDCE -2011-12, in strict accordance with the provisions of statutory recruitment orders framed by the department. Therefore, there is no infirmity in the impugned orders. It is worth noting that SROs based upon which the advertisement of examination has been issued, have not been PIYU PIYU challenged in these O.As and so long they continue to exist in the SH SH present form, the respondents will have to follow its provisions. As the CHANCHAN action of the respondents is in conformity with the provisions of DRA DRA relevant SROs and in terms of the relevant advertisement while passing the impugned orders, we do not find any good ground to interfere with it. Accordingly, the O.As are dismissed. No costs."19
13. In the case before Allahabad Bench, the issue of validity of the Diploma certificate awarded by JRNRV on distance mode was adjudicated for the purpose of assessing the eligibility for promotion to the post of Chargeman under the Ordnance Factory Board. Hence, the factually the present OA is squarely covered by the order dated 12.12.2014 of Allahabad Bench of the Tribunal in the OA No. 138/2012.
14. In view of the above, the question no. (ii) of para 7 of this order is no longer res integra in view of the judgment dated 29.9.2015 of Hon'ble Orissa High Court (Annexure-23 of the OA) and the order dated 12.12.2014 of Allahabad Bench of the Tribunal in OA No. 138/2012 (Annexure-R/5 of the Counter). Following the above judgments, the Diploma qualification of the applicant from JRNRV on distance mode has to be held to be inadmissible for the purpose of the promotion to the post of Chargeman and the question no. (ii) is to be answered accordingly.
15. In the circumstances, the OA is devoid of merit and hence, it is dismissed with no order as to cost."
17. This OA has been passed relying on the order of The Hon'ble High Court, Orissa in W.P.(C) 12140 of 2014 and the order of the Allahabad Bench of this Tribunal in O.A. 138/2012. A similar view has been taken by this Tribunal in OA No. 810/2014 dated 24.06.2025 and the OA has been dismissed. Hence, we are of the considered view that the matter have been well settled by various coordinate Benches of this Tribunals and the Hon'ble High Court. Therefore, nothing remains in this OA and the same is dismissed. No order as to costs.
PIYU PIYU SH SH CHANCHAN (Mallika Arya) (Akhil Kumar Srivastava) DRA DRA Administrative Member Judicial Member /Piyush/ 20