KAMAL KUMAR BANSAL vs STATE OF UTTARAKHAND AND ANOTHER

Sudhanshu Dhulia, J

The petitioner, before this Court is a driver in Uttarakhand Road Transport Corporation. He applied for the post of Assistant Regional Inspector

(Mechanical) in the Uttarakhand Road Transport Corporation, the recruitment to which is made through State Public Service Commission,

Uttarakhand. The candidature of the petitioner was rejected on ground that the petitioner was not having a diploma in Mechanical or Automobile

Engineering from a recognized Institute/University, which is one of the essential conditions for appointment to the said post. Aggrieved, the petitioner

has filed the present writ petition before this Court.

2. Admittedly, the petitioner has done Six Semester Diploma in Mechanical Engineering, which he has done in three semesters through

correspondence from a university known as Institute of Advanced Studies in Education, Sardarshahr, Rajasthan, which is a “deemed Universityâ€.

The petitioner has done Six Semester Diploma in three semesters for the reason that he had one of the vocational subjects as ‘Automobile’ in

his Intermediate. The petitioner had taken admission in the year 2008 and the completed the Diploma in the year 2010.Â

Earlier, the petitioner had not impleaded the University i.e. the Institute of Advanced Studies in Education University as one of the parties.

Consequently, Institute of Advanced Studies in Education University was made a party and notices were issued. Â

The primary contention of the State Public Service Commission, Uttarakhand is that the Diploma which has been done by the petitioner is not

recognized by the All India Council of Technical Education (AICTE), and hence no employment can be given on the basis of a Diploma which is not

recognised.

Learned counsel for the Public Service Commission, Mr. B.D. Kandpal has also drawn the attention of this Court to a letter dated 29.08.2007

issued by Indira Gandhi National Open University, Maidan Garhi, New Delhi which is addressed to the Director of the Institute of Advanced Studies

in Education University. The said letter, which has been annexed as Annexure    R-10 to the counter affidavit filed on behalf of the Institute,

reads as under:

                      “Sub: Ex-Post-Facto Recognition â€" reg.

Dear Sir,

This has reference to your application requesting for one time ex-post-facto recognition for programmes offered under distance mode.

In connection with ex-post-facto recognition, we would like to convey that all programmes (that were approved by the statutory bodies of your

institute) are approved till date. As you have not been offering education through distance mode since 2005, all your programmes (approved by

statutory bodies of your institute) till 2005 happen to be approved by the DEC.

However, for recognition of your institution for offering programmes through distance mode from next academic year i.e. from June-July, 2008, you

are requested to submit fresh application in the prescribed format developed by DEC.

With regards.â€​

The above letter clearly shows that since 2005, the University i.e. Institute of Advanced Studies in Education, Sardarshahr, Rajasthan has not given

any diploma in distance mode courses and by the said letter ex-post-facto recognition was granted to courses which had been done uptil 2005 and not

beyond 2005. The petitioner has not been able to show any document to the satisfaction of this Court which may prove otherwise. In other words,

nothing has been shown before this Court which may prove that the diploma course done by the petitioner is recognized.

In view thereof, no interference is being called for by this Court in this matter. Consequently, the writ petition is dismissed.

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