Full Judgment Text
2022:DHC:3703-DB
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: September 15, 2022
+ W.P.(C) 13442/2022, CM APPL. 40861/2022 & 40862/2022
BIJAY KRISHNA DAS AND ORS. ..... Petitioners
Through: Mr. Shreenath A. Khemka and Mr.
Ganesh A. Khemka, Advocates
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Ripu Daman Bhardwaj, CGSC
with Ms. Niyati Kohli, GP for UOI
Mr. Anil Soni, Standing Counsel for
AICTE
Mr. Vikrant N. Goyal, Mr. Shikhar
Sardana and Mr. Mayank, Advocates
for R-1 to 3
Mr. Naresh Kaushik, Mr. Anand
Singh and Mr. Yogesh Yadav,
Advocates for R-5
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T (oral)
1. By way of the present petition, petitioners seek the following reliefs:-
A. Writ of Mandamus directing the Department to redraw
the Master Seniority List ( Annexure P-3 ), so that the
Petitioners are made senior to the Private-Respondents.
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B. Writ of Certiorari against the 1996 Amendment
(Annexure P-2), to the extent that the 2-year CME Diploma
was allowed as an academic qualification, and that a
separate promotional quota was introduced for CME
Diploma-holders.
2. The petitioners are Junior Engineers in GREF and were recruited as
Overseer and subsequently promoted to Superintendent Grade-II, which was
later re-designated as Junior Engineer (Civil).
3. Under the 1982 Recruitment Rules, the academic qualification for the
posts of Overseer/Charge Mechanic/Charge Electrician and Superintendent
Grade-II was a three years Engineering Diploma. However, in 1996, the
Rules were amended, and the two years CME Diploma was also made
eligible. Furthermore, a separate promotional quota was introduced for CME
Diploma-holders to give them accelerated double-promotion to the said
posts.
4. The petitioners’ grouse is that despite being recruited as Overseer
before the private respondents, they were superseded in the year 2021 MSL,
because the 1996 Amendment incorrectly allowed CME Diploma-holding
private- respondents the benefit of accelerated double-promotion.
5. Learned counsel for the petitioners submits that despite the two years
CME Diploma not being recognized by AICTE, the same was kept as an
academic eligibility and was given preference over the three years AICTE
recognized Engineering Diploma. However, as admitted by learned counsel
for the petitioners, they never made any representation or challenged it
before the concerned Authority.
6. The petitioners seek to challenge the said amendment of 1996 vide the
present petition for the first time after 26 years. Thus, the present petition is
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hit by gross delay and latches.
7. Accordingly, the present petition, alongwith the pending applications,
is dismissed.
(SURESH KUMAR KAIT)
JUDGE
( SAURABH BANERJEE )
JUDGE
SEPTEMBER 15, 2022/rr
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