Enter Keyword and Search

Degree and Diploma holders on par for promotions: Supreme Court

with 0 Comment

There is nothing unconstitutional if the government treats degree and diploma engineers on par for the purpose of promotion to a higher cadre, the Supreme Court has ruled.

Supreme Court A bench of justices R V Raveendran and Markandeya Katju rejected the argument of the degree holders that such a treatment amounts to violation of Article 14 of the Constitution. The degree holders argued that the Article is violated not only by treating "equals as unequals", but also by treating "unequals as equals."

"It is entirely for the authorities to decide whether the degree holders and diploma holders should be treated at par or not for the purpose of promotion from the post of junior engineer to the post of Assistant Engineer," the bench observed while dismissing the special leave petition(SLP) filed by Dilip Kumar Garg and others.

Garg and the other degree holders had challenged the validity of Rule 5 (ii) of the UP Public Works Department Group-B Civil Engineering Rules 2004. Under the said rule, the State Government dispensed with the earlier provision for diploma engineers to either acquire the requisite technical qualification or pass a qualifying examination for promotion as Assistant Engineers.

The Allahabad High Court upheld the validity of the rule, following which the degree holders appealed in the apex court. In the apex court, Garg and his colleagues took the plea that Article 14 is violated not only by treating "equals as unequals", but also by treating "unequals as equals."

Their argument was that as degree holders they were better qualified for the post of Assistant Engineers than the diploma holders. And by treating the degree and diploma holders on par, the State had violated Article 14. However, the apex court rejected the argument and observed, "In our opinion, merely because in the past they have been treated differently does not mean that they cannot be treated identically subsequently.

"In our opinion Article 14 should not be stretched too far, otherwise it will make the functioning of the administration impossible." According to the bench, it is for the administrators to decide the qualifying conditions for promoting an employee.

"The administrative authorities are in the best position to decide the requisite qualification for promotion from junior engineer to assistant engineer, and it is not for this court to sit over their decision like a court of appeal. "The administrative authorities have experience in administration, and the court must respect this and should not interfere readily with administrative decisions," the bench said.

The bench said courts should not ordinarily interfere in policy decisions unless there is clear violation of some Constitutional provision of the statute. "We find no such violation in this case," the court observed. Zee News

Recent Stories...


90Paisa - Dedicated to Central Government Employees and Pensioners. As and when orders amending the rules are published by the Government, the amendment orders will be published in our blog immediately. Readers are requested to refer to the source link is given at the end of the post.
All efforts have been made to ensure accuracy of the content on this blog, the same should not be construed as a statement of law or used for any legal purposes. 90paisa accepts no responsibility in relation to the accuracy, completeness, usefulness or otherwise, of the contents. Users are advised to verify/check any information with the relevant department(s) and/or other source(s), and to obtain any appropriate professional advice before acting on the information provided in the blog.
Links to other websites that have been included on this blog are provided for public convenience only.
90paisa is not responsible for the contents or reliability of linked websites and does not necessarily endorse the view expressed within them. We cannot guarantee the availability of such linked pages at all times.
10 crore viewers…90 Paisa Blog touches new heights
Making a Mark Achieved 100 Million Page Views - "Central Government Employees News" Blog
We are proud of our latest accomplishment – 90Paisa Blog, the first ever blog for Central Government employees, has now crossed 10 crore hits!!!
From the bottom of our hearts, we express our sincere gratitude to all our patrons who have been supporting us all along.

Civilian Pay Matrix

Defence Pay Matrix

Popular Posts

Ever Green Posts

Ever Remembering Pots..!

Recent Posts