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2022 DIGILAW 2135 (RAJ)

State Of Rajasthan v. Ajeet Singh Poonia

2022-07-27

MADAN GOPAL VYAS, VIJAY BISHNOI

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JUDGMENT 1. This special appeal writ has been preferred on behalf of the appellant-State being aggrieved with the order dated 27.07.2020 passed by the learned Single Judge in S.B. Civil Writ Petition No. 7988/2017 (Ajeet Singh Poonia v. State & Ors.), whereby the learned Single Judge while allowing the said writ petition quashed and set aside the order dated 06.07.2017 passed by the appellant No. 3-College, whereby the services of the respondent No. 1-Ajeet Singh Poonia, who was working as Assistant Professor in Computer Science & Engineering with the appellant No. 3-College, was terminated. 2. The facts which are not in dispute that respondent No. 1-Ajeet Singh Poonia is possession of degree of M.Tech. (Information Technology) issued by the Institution of Advance Studies in Education Deemed University, Gandhi Vidya Mandir, Sardarshahar. He was appointed as Reader in Computer Science & Engineering with the appellant No. 3-College after undergoing regular selection process and later on, re-designated as Assistant Professor in Computer Science & Engineering, however, his services came to be terminated by the appellant No. 3-College vide order dated 06.07.2017 on the ground that his degree of M.Tech. (Information Technology) is not recognized by the respondent No. 3-AICTE. 3. Being aggrieved with the order dated 06.07.2017, the respondent No. 1-Ajeet Singh Poonia challenged the action of the appellant No. 3-College before this Court by way of SBCWP No. 7988/2017, wherein the learned Single Judge vide order dated 11.07.2017 while issuing notices to the writ petition as well as stay petition stayed the effect and operation of two orders of same date i.e. 06.07.2017 issued by the appellant No. 3-College and the appellant No. 2-Department of Technical Education. 4. Later on, the above mentioned writ petition filed by the respondent No. 1-Ajeet Singh Poonia came to be allowed by the learned Single Judge vide impugned order dated 27.07.2020 in the light of the precedent law laid down by the Hon’ble Apex Court in para 66.4 and 66.6 of Orissa Lift Irrigation Corporation Limited v. Rabi Shankar Patro & Ors. reported in (2018) 1 SCC 468 . 5. reported in (2018) 1 SCC 468 . 5. The Hon’ble Apex Court in the case of Orissa Lift Irrigation Corporation Limited (supra) while deliberating on the question regarding validity of the degree obtained by certain students from the institutions, which are not recognized, has held that the AICTE shall conduct test(s) for those students, whose degrees were not recognized and in case that students cleared the said test(s) within the stipulated time, all the advantage and benefits shall be restored to them and their degrees will stand revived fully. 6. It is not in dispute that the respondent No. 1-Ajeet Singh Poonia has cleared the test conducted by the respondent No. 3-AICTE and the learned Single Judge while noting this fact has observed that the only defect in the eligibility of the respondent No. 1-Ajeet Singh Poonia, which resulted into his termination, stands cured on account of clearing the examination conducted by the respondent No. 3-AICTE, therefore, his degree deemed to be validated as per the judgment rendered by the Hon’ble Apex Court in Orissa Lift Irrigation Corporation Limited (supra), hence, the order of terminating his services has been quashed and set aside. 7. Learned AAG Mr. Manish Vyas has failed to satisfy this Court that the learned Single Judge has committed error in allowing the writ petition filed by the respondent No. 1-Ajeet Singh Poonia in the above noted facts and circumstances of the case. 8. In the above facts and circumstances of the case, we don’t find any merit in this special appeal writ and the same is, therefore, dismissed. 9. Stay petition also stands dismissed.