Orissa High Court
Satyabrata Mahapatra vs The State Of Orissa & Ors. .... Opposite ... on 25 June, 2024
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.15079 of 2013
(In the matter of applications under Articles 226 and 227 of the
Constitution of India, 1950).
Satyabrata Mahapatra .... Petitioner(s)
-versus-
The State of Orissa & Ors. .... Opposite Party (s)
Advocates appeared in the case through Hybrid Mode:
For Petitioner(s) : Mr. Umesh Chandra Mohanty, Adv.
For Opposite Party (s) : Mr. P.K. Mohanty, Sr. Adv.
along with associates
Mr. D.N. Mohapatra, Adv.
CORAM:
DR. JUSTICE S.K. PANIGRAHI
DATE OF HEARING:-18.04.2024
DATE OF JUDGMENT: -25.06.2024
W.P.(C) Nos.15079 of 2013
along with
W.P.(C) Nos.15662/ 15078/ 15080/ 15229/ 15230/ 15231/ 15232/
15233/ 15234/ 15422/ 15423/ 15424/ 15661/ 15663/ 15664/ 15665/
15666/ 15667/ 15668/ 15669/ 15798 of 2013
Dr. S.K. Panigrahi, J.
1. Since common question of facts and law are involved in all these Writ Petitions, the same were heard together and are being disposed of by this common judgment. However, this Court felt it apposite to deal the Signature Not Verified Page 1 of 17 Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-Jun-2024 17:34:15 W.P.(C) No.15079 of 2013 as the leading case for proper adjudication of the batch of cases.
2. The Petitioner in W.P.(C) No.15079 of 2013 has challenged the arbitrary and discriminatory actions of the Opposite Parties in debarring the petitioner to adjudge his suitability for selection and appointment to the post of Junior Engineer/ Junior Manager (Electrical) pursuant to the letter No.18400 (28) dated 21.11.12 issued by a Deputy General Manager, HRD, SOUTHCO, Berhampur.
I. FACTUAL MATRIX OF THE CASE:
3. The brief fact of the case as present by the Petitioner:
(i) The Petitioner passed the HSC Examination in the year 1996 and acquired the National Trade Certificate from BNM ITC, Hill Patna, Berhampur, Dist- Ganjam in July, 1998 and completed the course of training in the trade of Electrician and secured 519 marks out of total marks of 700 as issued by the State Council for Technical Education and Vocational Training, Orissa, Bhubaneswar. Thereafter, the National Council for Vocational Training, Govt. of India, Ministry of Labour has issued the National Trade Certificate in favour of the petitioner. The petitioner having been qualified and selected to the post of Junior Technician, as such he has been appointed as Junior Technician vide order of appointment Letter No.499(11) dated 27.11.06 under the Opposite Parties -SOUTHCO.
(ii) The petitioner being an In-service candidate made representation to Competent authority (SOUTHCO) for production of higher educational qualification since he is eligible to take admission under lateral entry in Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Page 2 of 17 Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-Jun-2024 17:34:15 the Diploma Course in Electrical Engineering. In fact the petitioner took admission in J.RN. Rajasthan Vidyapeeth University established under section3 of UGC Act, 1956 and notified as a Deemed University.
(iii) The Petitioner is continuing as a Lineman-C at Bijipur Electrical Section, Bijipur under the Berhampur Electrical Division and City Circle, SOUTHCO, Berhampur. The Corporate Office issued instruction to the Deputy General Manager, Electrical Circle, Berhampur, Aska, Raigada, Jeypore and to the Superintendent Engineer, Electrical Circle, Bhanja Nagar and City Circle, Berhampur and also different Executive Engineers, Electrical under the SOUTHCO for submission of the possession of the higher qualification, diploma in Electrical Engineering by the in-service departmental candidates for consideration of their candidature for promotion to the post of Junior Engineer /Junior Manager (Electrical) vide office order No. 18400(28) dated 21.11.12.
(iv) It is submitted that the petitioner is a Departmental candidate having qualification of Diploma and Electrical Engineering alongwith copies of certificate in support of Diploma and Electrical Engineering were recommended by the Executive Engineer (Electrical) B.E. Division-1 to the Superintendent Engineer, Electrical City Circle, Berhampur and also to the Deputy General Manager, HRD SOUTHCO vide Office letter No.5224 dated 29.11.12.
(v) Thereafter, a list of departmental candidates applied for the post of D.E.T./ Junior Engineer has been prepared by the SOUTHCO and there are 99 persons including the present petitioner are empanelled in that respect. Pursuant to the RTI application made by one Sri Sanjaya Kumar Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Page 3 of 17 Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-Jun-2024 17:34:15 Behera the Public Information Officer, Corporate Office, Southco has issued information vide No.6404 dated 18.5.13 in that respect.
(vi) Though the names of departmental candidates having higher educational qualification were called for from different electrical circles, divisions etc. and there are 99 nos. of such candidates who were empanelled, but the Opposite parties -SOUTHCO adopted a peculiar method in selecting candidates from the said list by following pick and choose method and recommended that the candidates were initially be appointed to the Vigilance Wing, on the plea that in order to strengthen the Vigilance activities and to improve the revenue collection.
(vii) Furthermore, it is alleged that the authorities have deliberately and willfully adopted a discriminatory method to the detriment of the present petitioner and similarly placed persons like him, who have obtained Diploma Qualification in Electrical Engineering from the JRN Vidyapeeth University Rajasthan.
(viii) When the aforesaid actions of the Opposite Parties came to the knowledge of the present petitioner and similarly situated persons like him, they filed a common representation to the Opposite Parties i.e. D.G.M., (HRD), SOUTHCO for redressal of their grievances and empanelment of personnel under vigilance activities so as to appoint them to the post of E/DET in different division under the Southco, which is still pending.
(ix) Hence, this Writ Petition. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Page 4 of 17 Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-Jun-2024 17:34:15 II. SUBMISSIONS ON BEHALF OF THE PETITIONER:
4. Learned counsel for the Petitioner earnestly made the following submissions in support of his contentions.
(i) It is submitted that the JRN Vidyapeeth, Rajasthan is a deemed University established under section 3 of the UGC Act, 1956 and the recognition and approval has been made by the distant education council and Ministry of HRD, Govt. of India. Thus, when the Institution is a valid institution and competent to issue degree/diploma qualification in respect of the candidates as per law, the non-acceptance of such qualifications by the SOUTHCO authorities white giving similar benefits in respect of other institutions and who have obtained higher qualification under the similar circumstances in distant mode purely amounts to favoritism and discrimination and the aforesaid actions are untenable in law.
(ii) It is submitted that the UGC, in its letter dated 13.11.2007, wrote to the Vice-Chancellor JRN Vidyapeeth, Rajasthan that when the statutory Council (D & C) has already conveyed the approval (Ex-post-facto) as well as Provisional approval for the year 2007-2008, under distance mode based on the approval of the UGC-AICTE-DEC a joint committee. Therefore, no separate approval from UGC is required for the same. Similarly, the subsequent letter dated 8.10.08 ((DEC-IGNOU) also intimated regarding the provisional recognition for the academic session for 2007-08 and the regular recognition in respect of the JRN University is under process.
Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Page 5 of 17 Reason: Authentication
Location: ORISSA HIGH COURT, CUTTACK Date: 25-Jun-2024 17:34:15
(iii) In fact, the Director, IGNOU in its subsequent letter dated 29.3.10 also clarified that in the 9th joint Committee meeting of UGC- AICTE -DEC, held on 17.8.2009 regarding territorial jurisdiction for offering programmes through distance mode, it was decided that the latest UGC notification would prevail over all previous notifications and circulars of the DEC. However, the territorial jurisdiction in case of deemed Universities will be as per UGC, which mandates the prior approval of the UGC for opening of centres /off campus Centres outside, the headquarters. Thereafter, the information obtained under RTI Act, 2005 by one Mr. Sudhansu Sekhar Biswal issued by the Public Information Officer, IGNOU vide letter dated 20.4.11 that the post-facto approval to JRN Rajasthan Vidyapeeth deemed University for the programmes under distance mode till 2005 and provisional recognition for academic year 2007-08 has been extended till such time an Expert Committee of UGC -AICTE-DEC visits the University and submits its recommendations. The DEC given institutional recognition in place of programme approval for offering programmes through distance mode to above University.
(iv) DEC has not accorded any separate approval to any specific programme offered by above University. In the said information it is revealed that the Gazettee of India notification dated 8.4.1995, wherein it is clarified that on the recommendations of the Board of Assessment for Educational qualifications, the Govt. of India, decided that all the qualifications awarded through Distance Education mode, by the Signature NotUniversities Verified established by an Act of parliament or State Legislature, Digitally Signed Signed by: BHABAGRAHI JHANKAR Page 6 of 17 Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-Jun-2024 17:34:15 Institutions, Deemed to be Universities under Section 3 of the UGC Act, 1956 and institutions of National Importance declared under an Act of Parliament stand automatically recognized for the purpose of employment to posts and services under the Central Govt., provided it has been approved by Distance Education council (DEC).
(v) It is contended that the Govt. of India, Ministry of Human Resources, in its earlier letter dated 17.2.04 informed the Vice-Chancellor, JRN Vidyapeeth, on the subject of recognition of courses conducted by University through Academic Centres/ study centres/Off Campus Centres that, all Degrees /Diplomas awarded by the Universities established by an Act of parliaments and State Legislature, Institutions deemed to be Universities under Section-3 of the UGC Act, 1956 and Institution of National Importance declared under an Act of Parliament, stands automatically recognized for the purposes of employment under the Central Govt. No formal orders recognizing such degrees /diplomas are necessary to be issued. Similarly, the All India Council for Technical Education, a statutory Body, Govt. of India alongwith a members of UGC being the Secretary of the Committee and the Distance Education Council represented through its Chairman has issued public Notice on 17.4.07 that it has come to the notice of UGC, AICTE and DEC that some Universities, institutions Deemed to be Universities and other Institutions are offering technical Education programmes in the distance mode without approval of the concerned statutory council and the aforesaid institutions are cautioned and Signature Notgiving misleading advertisement shall attract severe action under the Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Page 7 of 17 Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-Jun-2024 17:34:15 provisions of applicable under laws, including that of de-recognition and withdrawal of Institutional approval and the programmes not approved by the appropriate statutory council in the distance mode requires approval of the DEC.
(vi) Similar notifications was also issued vide Advertisement No. Legal/01 (02) /2009. The information supplied under RTI Act, 2005 to different persons by the AICTE dated 20.11.06. 2.12.07, 2.2.11 3.5.11 that Universities including private Universities established by the State Legislation do not require prior approval from AICTE for stating faculties/courses. However Universities, deemed universities including the universities established by the State Legislature imparting technical education are required to comply with the norms and standards prescribed by AICTE form time to time.
(vii) Thus, from the aforesaid letter it is crystal clear and establishes the fact that the JRN Rajsthan Vidyapeeth, Udaipur, Rajsthan being a deemed University established under Section 3 of the UGC Act, 1956 having got the recognition by the UGC, under Distance Education Mode, and further being approved by the statutory council i.e. Distance Education Council established under the provisions IGNOU Act, 1985 is a valid recognized Vidyapeeth and competent to grant certificate/degree with recognition and approval in the eye of law. The Diploma/ Degree qualification acquired from the aforesaid Vidyapeeth University is also a valid Degree in the eye of law and fulfills the criteria for the purposes of employment under the Central Govt. as well as State Govt. and the Signature Notsaid Diploma Certificate/Degree is valid in every aspect.
Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Page 8 of 17 Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-Jun-2024 17:34:15
(viii) It is further submitted that the Ministry of Human Resources, Development Government of India vide its Notification dated 7.4.2006 also clarified the role and power of AICTE established under the All India Council for Technical Education Act, 1987 and the UGC established under the University Grants Commission UGC Act, 1956 so as to maintain the standards of education in the Institutions notified as Deemed to be Universities under Section 3 of the UGC Act, is of the opinion that the exercise of powers vested under section 20(i) of the UGC Act, 1956 and Section 20(1) of the AICTE Act, 1987 the Central Govt. direct the UGC and AICTE to publicize the clarifications for the information of the General public by appropriate means including through their institutional website.
(ix) In such view of the matter, learned counsel for the Petitioner prays for allowing this Writ Petition.
III. SUBMISSIONS ON BEHALF OF THE OPPOSITE PARTIES :
5. Learned counsel for the Opposite Parties earnestly made the following submissions in support of his contentions.
(i) In the instant Writ Petition, the Petitioner and 21 others have also filed separate Writ Petitions, bearing W.P.(C) Nos. 15078, 15080, 15229, 15230, 15231, 15232, 15233, 15234, 15422, 15423, 15424, 15661, 15662, 15663, 15664, 15665, 15666, 15667, 15668, 15669, 15798 of 2013 praying, inter alia, to consider them as Departmental/in-service candidates for appointment to the post of JE/DET, taking into consideration their qualifications of Diploma to have been acquired in distant education mode Signature Not from JRR Bidyapitha (Opp. Party No.6) as valid. They have Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Page 9 of 17 Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-Jun-2024 17:34:15 claimed that while continuing as Junior Technicians, obtained such Diploma qualification, they are entitled to the appointment/promotion to the post of JE/DET. They have further sought for declaration that pick and choose method adopted by Southco in respect of some departmental candidates, the Junior Technicians like them and empanelling them as personnel for the Vigilance activities as illegal, arbitrary and violative of Article 14 & 16 of the Constitution.
(ii) In considering the batch of Writ Petitions and some among such, W.P.(C) No.3524 of 2009 and W.P.(C) No.4202 of 2009, in judgment dated 22.1.2014, held that such diploma course in engineering through distant education mode is not at all equivalent to the certificate of diploma obtained from the University. The same subject matter was under challenge in the said Writ Petitions and this Court also did not accept the contention of the Petitioners of the said cases, so far the diploma course obtained from Opp. Party No.6 through distant mode from the aforesaid University.
(iii) It is submitted that no selection was made/adopted for the appointment to the post of Jr. Engineer/ Jr. Manager (Electrical) pursuant to the letter No.18400 (28) dated 21.12.2012 issued by the DGM (HRD), Southco as alleged. In the said letter, the departmental non-executive employees/candidates were allowed only to submit their photo copies of the certificates possessing the qualification of Diploma in Electrical Engineering or equivalent from any recognized institution as per guidelines/ norms of SCVTE/AICTE. As regards the allegation of engagement of the persons in the Vigilance Cell, it is submitted that in Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Page 10 of 17 Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-Jun-2024 17:34:15 order to strengthen vigilance activities and to improve revenue collection of the Company, the divisional cadre employees were transferred on deputation basis to that newly set up Vigilance Cell.
(iv) It is submitted that earlier a batch of Writ Petitions were filed before this Court vide W.P.(C) No.3524/2009 and others by the Jr. Technicians/Jr. Engineers (Electrical) of three distribution companies i.e, NESCO, WESCO and SOUTHCO with respect to the validity of Diploma Certificate issued to the Petitioners by Deemed University claiming to have been approved by a Joint Committee i.e, UGC-AICTE-DEC pursuant to the advertisement dated 22.10.2010 published by the Registered Office, Bhubaneswar on behalf of the aforesaid distribution companies for filling up the post of Diploma Engineer Trainee/Graduate Engineer Trainee etc. This Court was pleased to pass an interim order in Misc. Case No.18873 of 2000 arising out of such W.P.(C) No.3524 of 2009 vide Order No.22 dated 20.1.2011 that "till the next date, the applications may be received pursuant to the advertisement, but the same shall not be processed without leave of this Court". The said order of this Court was passed when the matter of validity of Diploma Certificate by the said Deemed University was sub-judice. Therefore, no such selections for the post of Jr. Engineer/Jr. Manager (Electrical) was made by the Opp.
Parties as alleged in the Writ Petition. When vacant post will be filled up, Recruitment Committee will take decision inviting application and prescribing the requisite qualification along with criteria.
(v) It is submitted that the Petitioner and other Petitioners of other Writ Petitions have not taken any permission from the Competent Authority Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Page 11 of 17 Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-Jun-2024 17:34:15 to take admission to Diploma in Engineering from J.R.N Rajasthan Vidyapeeth University, Udaipur, Rajasthan in course of their employment.
(vi) It is submitted that the D.G.M (HRD), Southco vide his letter No.18400 dated 21.11.2012 has called for from the departmental non-executive candidates to submit their certificate of possessing the qualification of diploma in electrical engineering or equivalent from any recognized Institution as per guidelines/norms of SCVTE/AICTE to ascertain the higher qualification in such discipline of the departmental candidates for updating in HR data base of the Company but not for consideration of their candidature for promotion to the post of Jr. Engineer/Jr.Manager (Electrical) as alleged.
(vii) It is submitted that the Southco has prepared the empanelled list of non-
executive departmental candidates having higher qualification of diploma in engineering from the respective institutions after receipt of such certificates from among the above candidates pursuant to the letter dated 22.11.2012 of DGM (HRD) for Company's HR data base.
(viii) It is submitted that the SOUTHCO has created New Vigilance Cells under administrative control of different distribution circles situated at Berhampur, Aska, Bhanjanagar, Rayagada and Jeypore in order to strengthen the vigilance activities and to improve revenue collection. After creation of such Vigilance Cells, some divisional cadre non- executive technical employees l.e, Jr. Technicians/ Linemen under the respective circles were transferred on deputation to these Vigilance Cells for providing the manpower to carry out the day to day technical Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Page 12 of 17 Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-Jun-2024 17:34:15 affairs of the above Cells. As such the allegation that the Opp. Parties- Southco adopted a peculiar method selecting candidates on pick and choose method and recommending them to be appointed initially to the Vigilance cell is not correct.
(ix) It is submitted that since no selection was made to the post of Jr. Engineer/Jr. Manager (Electrical) by the Opp. Parties, the allegation made in this Para that non acceptance of qualification from the J.R.N Rajasthan Vidyapeeth University and giving similar benefit of other Institutions who have obtained higher qualification amounts to favourtism and discrimination is not correct. At any event such qualification of J.R.N Rajasthan Vidyapeetha University is not acceptable as per decision of this Court.
(x) It is contended that at no point of time ever any such option was called for from the departmental candidates like the Petitioner and others for appointment on promotion to the post of Junior engineer/DET, the question of selecting same and ignoring others does not arise inasmuch as the promotion from such posts to the post of Junior Engineer/DET which is also not provided under the Service Regulations. If at any point of time the posts are required to be filled up by following the procedures of normal recruitment by inviting applications from the open market having requisite qualifications with prescribed criteria, as per service Regulation, then only the selection process will start. At present, in the absence of any recruitment/selection process being followed, the allegation of showing favoritism by selecting some Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Page 13 of 17 Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-Jun-2024 17:34:15 candidates by pick and choose method and posting them in the Vigilance Wing is not at all correct, rather misconceived.
(xi) Learned counsel for the Opposite Parties, accordingly, prays for dismissal of this Writ Petition.
IV. COURT'S REASONING AND ANALYSIS:
6. In a batch of Writ Petitions, including W.P.(C) No.3524 of 2009 and W.P.(C) No.4202 of 2009, the judgment dated January 22, 2014, established that a diploma course in engineering obtained through distance education is not equivalent to a diploma obtained from a university. This was the central issue in the aforementioned writ petitions, and the court rejected the petitioners' arguments concerning the diploma obtained from Opposite Party No. 6 through distance education. The deponent requests permission from the court to present this judgment during the hearing of the case.
7. No selection or appointment process was undertaken for the post of Junior Engineer/Junior Manager (Electrical) following the letter No. 18400 (28) dated December 21, 2012, issued by the Deputy General Manager (HRD) of Southco. The letter allowed departmental non- executive employees to submit photocopies of their certificates showing qualifications of a Diploma in Electrical Engineering or equivalent from any recognized institution that follows the guidelines/norms of the State Council for Vocational Training and Education (SCVTE) or the All India Council for Technical Education (AICTE). Regarding the allegation of engaging Signature Not Verifiedindividuals in the Vigilance Cell, it has been clarified by the Digitally Signed Signed by: BHABAGRAHI JHANKAR Page 14 of 17 Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-Jun-2024 17:34:15 Opposite Parties that divisional cadre employees were transferred on a deputation basis to this newly established Vigilance Cells to enhance vigilance activities and improve the company's revenue collection.
8. Previously, a batch of Writ Petitions, including W.P.(C) No.3524/2009, was filed by Junior Technicians/Junior Engineers (Electrical) from three distribution companies--NESCO, WESCO, and SOUTHCO-- challenging the validity of the diploma certificates issued by a deemed university. The Petitioners claimed these certificates were approved by a joint committee (UGC-AICTE-DEC) following an advertisement dated October 22, 2010, issued by the Registered Office in Bhubaneswar on behalf of these distribution companies for filling up the posts of Diploma Engineer Trainee/Graduate Engineer Trainee. The court issued an interim order in Misc. Case No. 18873 of 2000, arising from W.P. (C) No. 3524 of 2009, stating that applications could be received pursuant to the advertisement but could not be processed without the court's permission until the matter of the validity of the diploma certificate was resolved. Consequently, no selections were made for the post of Junior Engineer/Junior Manager (Electrical) by the Opposite Parties as alleged in the writ petition. Future vacant positions will be filled by the Recruitment Committee, which will invite applications and set the necessary qualifications and criteria.
9. The Petitioner and other Petitioners in related Writ Petitions did not obtain permission from the competent authority to enroll in the Diploma in Engineering course from J.R.N Rajasthan Vidyapeeth University, Udaipur, Rajasthan, during their employment. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Page 15 of 17 Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-Jun-2024 17:34:15
10. The Deputy General Manager (HRD) of Southco, through letter No. 18400 dated November 21, 2012, requested departmental non-executive candidates to submit certificates proving they possessed a diploma in electrical engineering or an equivalent qualification from recognized institutions compliant with SCVTE/AICTE guidelines. This was intended to update the company's HR database regarding the higher qualifications of its employees, not to consider their candidacy for the promotion to Junior Engineer/Junior Manager (Electrical), as alleged.
11. Southco compiled an empanelled list of non-executive departmental candidates with higher qualifications in engineering after receiving such certificates pursuant to the DGM's letter dated November 21, 2012, for the HR database. Southco also established new Vigilance Cells under the administrative control of various distribution circles Berhampur, Aska, Bhanjanagar, Rayagada, and Jeyporeto enhance vigilance activities and revenue collection. Some non-executive technical employees, such as Junior Technicians and Linemen, from these circles were transferred on deputation to the Vigilance Cells to manage its technical operations. Therefore, the allegation that Southco adopted a peculiar method of selecting candidates on a pick-and-choose basis for appointment to the Vigilance Cell is wholly incorrect.
12. Since no selections were made for the post of Junior Engineer/Junior Manager (Electrical) by the Opposite Parties, the allegations of favoritism and discrimination due to non-acceptance of qualifications from J.R.N Rajasthan Vidyapeeth University while granting similar benefits to others are unfounded. The qualification from J.R.N Rajasthan Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Page 16 of 17 Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-Jun-2024 17:34:15 Vidyapeeth University is not acceptable as per the Court's decision. However, the genuineness or otherwise of the said certificate is not the issue for consideration in this case.
13. At no time, the departmental candidates including the petitioner were invited to apply for promotion to the post of Junior Engineer/DET. Thus, the question of selecting and ignoring certain candidates does not arise, especially since promotions to Junior Engineer/DET from such posts are not provided under the Service Regulations. If positions need to be filled, the recruitment process will follow standard procedures, inviting applications from the open market with the required qualifications and prescribed criteria according to service regulations. In the absence of any recruitment or selection process, allegations of favoritism by selecting some candidates on a pick-and-choose basis and posting them in the Vigilance Wing are incorrect and misconceived.
14. In view of the aforesaid discussion, this Court is not inclined to entertain the prayer of the Petitioner.
15. The W.P.(C) No.15079 of 2013 is dismissed.
16. Accordingly, all the above mentioned connected Writ Petitions are dismissed.
17. Interim order, if any, passed earlier in any of the Writ Petitions stands vacated.
(Dr. S.K. Panigrahi) Judge Orissa High Court, Cuttack, Dated the 25th June, 2024/ Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Page 17 of 17 Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 25-Jun-2024 17:34:15