Ramu Welly v. Kame Bengia

ORDER

04.10.2023

Heard Mr. T.T. Tara, learned counsel for the applicant. Also heard Mr. D. Panging, learned counsel for the respondent.

¶2By this interlocutory application the applicant, who is the private respondent No.6 in WP(C) No.374(AP/2023, has prayed for Page No.# 4/6 vacation/modification/alteration of the ex-parte ad interim status quo order, dated 16.08.2023, passed by this Court in WP(C) No. 374(AP)/2023 directing the respondent authorities to maintain status quo on the process of selection to the post of Superintending Engineer in the Department of UD &Housing, Government of Arunachal Pradesh, Itanagar.

¶3On 16.08.2023, this Court passed the following order in the connected WP(C) No.374(AP)/2023- "Heard Mr. D. Panging, learned counsel for the petitioner, who submits that the respondent authority concerned are contemplating to initiate the process of promotion from the post of Executive Engineer Urban Development and Housing Department to the next higher post of Superintendent Engineer of the same Department. He submits that the petitioner has acquired a degree in the required field on regular basis while the respondent Nos. 5, 6 & 7 had acquired their respective degrees through correspondent course which otherwise has been declared to be not permissible by the Apex Court in the case of Orissa Lift Irrigation Corporation Limited vs. Rabi Sankar Patro and Ors. reported in (2018) 1 SCC 468. In view of above, issue notice of motion, returnable within 3 weeks. Ms. R. Basar, learned Government Advocate appearing on behalf of the respondent Nos. 1 & 2 and Mr. T. Jamoh, learned Standing Counsel, Education Department appearing for respondent Nos. 3 & 4 have entered appearance and accepted notice on behalf of their respective respondents, no formal notice is required to be issued to the said respondent. However, they shall be provided with requisite extra-copy of the petition during the course of the day, if not already furnished. The learned counsel for the petitioner shall take steps for service of notice upon the private respondent Nos. 5, 6 & 7 by registered post with A/D as well as by usual process within 3(three) days from today. Also issue notice on the interim prayer made by the petitioner making returnable by 3(three) weeks List the matter again after 3(three) weeks. Till the next date, the respondents are directed to maintain status-quo on the process of selection to the post of Superintendent Engineer."

¶4The applicant, inter alia, contended that the case projected in the Page No.# 5/6 connected W.P.(C) No.374(AP)/2023 by the petitioner is against the Degree in Civil Engineering obtained by the applicant, dated 15.09.2011 and 15.09.2012 from the Institute of Civil Engineers, Associate Membership [AMICE(I)], Guwahati Centre through "open & Distance Learning" made purportedly in violation of the directions passed by the Hon'ble Supreme Court in the case of Orissa Lift Irrigation Corporation Ltd. Vs. Rabi Sankar Patro and others, reported in (2018) 1 SCC 468. The applicant has contended that such a factual position does not in law cloth the writ petitioner with any rights to challenge the degree obtained by the applicant in the instant I.A. According to the applicant, the circular dated 23.11.2020 vide Memo No. F.No.13-56/PC/ODL-Mode/AICTE/2020 issued by the Adviser, P and A.P.B. of All India Council for Technical Education recognised the courses conducted by the Professional Bodies/Institutions for all purposes including higher Education and employment upto 31.05.2013. Therefore, the applicant contended that the Degree in Civil Engineering obtained by the applicant dated 15.09.2012 is valid and as such, does not fall within the purview and ratio laid down by the Hon'ble Apex Court in Rabi Sankar Patro (Supra), which was, in fact, suggestive in nature with one time relaxation only to conduct test examinations by the AICTE.

¶5Now, having heard the learned counsel of both sides at length and perusal of the averments made by the applicant and further, the objection filed by the respondent/writ petitioner, this Court finds it expedient without causing any prejudice to either of the parties to suitably modify the ex-parte interim order, dated 16.08.2023 passed in the connected W.P.(C) No.374/2023 in consonance with the consensus reached between the parties during the hearing.

¶6Accordingly, it is provided that the process of selection to the post of Page No.# 6/6 Superintending Engineer may be done and result of such selection be kept in sealed cover, (without publication) and further, the selection so made shall be subject to the final outcome in the connected W.P.(C) No. 374(AP)2023.

¶7This modified interim order shall form part of the order, dated 16.08.2023 passed in WP(C) No. 374(AP) 2023.

Accordingly, the instant interlocutory application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/6 GAHC040013092023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/149/2023 Ramu Welly Age: 53 Urban Development and Housing Department PO Yingkiiong Upper Siang District Arunachal Pradesh. VERSUS Kame Bengia Address:S/o Late Bengia Rajeng Presently serving as Executive Engineer Itanagar Municipal Corporation Oppostie VKV 2 Gohpur Itanagar Papum Pare District Arunachal Pradesh. ------------ Advocate for : T T Tara Advocate for : Dicky Panging appearing for Kame Bengia: Advocate appearing for respectively. Linked Case : WP(C)/374/2023 Page No.# 2/6 Kame Bengia Age: 50 Address:Son of Late Bengia Rajeng Presently serving as Executive Engineer Itanagar Municipal Corporation Opposite VKV 2 Gohpur Itanagar Papumpare District Arunachal Pradesh Phone No. 8787452677 VERSUS THE STATE OF AP and 6 Ors. Address:Through the Secretary Urban Development and Housing Itanagar. 2:the Secretary Address:Urban Development and Housing Itanagar. 3:the Secretary Address:Education Itanagar. 4:the Director Address:Higher and Technical Education Itanagar. 5:Hali Welly Page No.# 3/6 Urban Development and Housing Department PO Aalo West Siang District Arunachal Pradesh. 6:Ramu Welly Urban Development and Housing Department PO Yingkiong Upper Siang District Arunachal Pradesh. 7:George Welly Urban Development and Housing Department PO Jairampur Changlang District Arunachal Pradesh. ------------ Advocate for : Dicky Panging Advocate for : GA (AP) appearing for THE STATE OF AP and 6 Ors.: Advocate , appearing for 2, 3, 4, 5, 6, 7, respectively. BEFORE HONBLE MR. JUSTICE AJIT BORTHAKUR