The Rajasthan Excessive Court docket, Jaipur Bench, has stated {that a} candidate, who possesses the requisite {qualifications} for holding the put up of Assistant Loco Pilot, can’t be denied empanelment merely given that the diploma possessed by him is just not from an institute permitted by the All India Council for Technical Training (AICTE).
The division bench of Chief Justice Pankaj Mithal and Justice Shubha Mehta noticed {that a} diploma or diploma obtained from a statutory College is outdoors the ambit of recognition of the AICTE.
“Thus, within the general info and circumstances of the case, we’re of the opinion that because the petitioner possesses the requisite {qualifications} for holding the put up of Assistant Loco Pilot, he can’t be denied empanelment merely given that the diploma possessed by him is just not from an institute permitted by the AICTE when he’s having a level from a statutory college, which is outdoors the purview of recognition from the AICTE.”
The petitioner is a candidate chosen for the put up of Assistant Loco Pilot. Although there was no objection in opposition to his choice and his doc verification was accomplished, he was not included within the ultimate panel on the bottom that he didn’t possess the required instructional qualification when it comes to the commercial.
Within the commercial, the minimal fundamental qualification wanted was supplied as matriculation with a certificates of apprenticeship or a level or diploma in Mechanical and Automation Engineering from an institute permitted by the All India Council for Technical Training (AICTE).
In a case moved earlier than the Central Administrative Tribunal (CAT) by the candidate, it was held that he possesses the requisite eligible instructional {qualifications} prescribed for recruitment to the put up of Assistant Loco Pilot as per the Centralized Employment Discover. The respondent- authorities have been directed by CAT to contemplate him for choice after due verification of his diploma or diploma, if he’s in any other case eligible.
Subsequently, based mostly on the order, the petitioner was reconsidered for the appointment however the empanelment was denied to him on the bottom that the diploma/diploma of Mechanical and Automation Engineering possessed by him is just not from an institute acknowledged by the AICTE.
When an attraction was most popular by the petitioner, the Tribunal partly allowed his case and directed the State-respondents to empanel him as Assistant Loco Pilot in any of the vacancies, which can nonetheless exist, or which will come up in future. Aggrieved by the order, the Union of India and the Railways filed the Writ Petition contending that the petitioner can’t be directed to be empanelled even when any emptiness exists.
The Court docket identified that the problem of eligibility of the petitioner as as to whether he possesses the minimal instructional qualification prescribed has been thought-about by the Tribunal and it has been categorically held that he possesses the requisite {qualifications} together with diploma/diploma in Mechanical and Automation Engineering from a recognised institute.
“The aforesaid judgment and order is ultimate and conclusive and, subsequently, at this juncture, it doesn’t lie within the mouth of the State-respondents to allege that the petitioner is just not eligible,” stated the courtroom, including that the State-respondents have been solely required to confirm the genuineness of the diploma/diploma possessed by the petitioner.
The courtroom noticed that the State-respondents haven’t raised the competition that the diploma/diploma possessed by the petitioner is pretend. “Within the above circumstances, the Tribunal is completely justified in holding that the State-respondents can’t increase such a plea at this juncture,” it added.
The Court docket additional famous that the petitioner obtained his diploma in Mechanical and Automation Engineering from Amity College, which was created by way of a particular enactment i.e. The Amity College Rajasthan, Jaipur Act, 2008.
Counting on Apex Court docket choice in Bharathidasan College & Anr. Vs. All India Council for Technical Training & Ors, the division bench stated the apex courtroom has clearly dominated that there’s a distinction between universities and different technical establishments and the schools are past the scope of recognition by the AICTE.
“Because the petitioner has accomplished his commencement within the required topic from a college and that the stated college is outdoors the ambit of recognition of the AICTE, the situation of getting the diploma from an permitted institute of AICTE, wouldn’t be attracted,” it added.
The courtroom noticed that it’s only within the instances the place the diplomas or levels are from any technical institute that the AICTE recognition can be obligatory.
Contemplating the info and circumstances of the case, the courtroom held that the petitioner possesses the requisite {qualifications} for holding the put up of Assistant Loco Pilot and can’t be denied empanelment merely given that the diploma possessed by him is just not from an institute permitted by the AICTE when he’s having a level from a statutory college, which is outdoors the purview of recognition from the AICTE.
Thereby, the Court docket dismissed the petition because it didn’t discover any advantage within the petition.
Case Title: Union of India and Anr v. Atul Khare
Quotation: 2023 LiveLaw (Raj) 6