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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 as compared to 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.
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Only two years of aducational gape between degree & diploma. therefor after two years of experience. Diploma holder must be promote on the post of Assistant engineer
that the sprit of the young studentd thanks to all take the decision....
In the case of promotion capabiity of the engineer should be consider not degrees and diploma..
It should be depend on capability of engineers.If Diploma holder is capale to handle the same position so why not?
THE DIPLOMA ENGINEERS ARE UNDERSTIMATED.THE EMPLOYER SHOULD OBEY THE SC VERDICT STRICTLY.
This is a good move and a welcome move by Supreme Court . diploma and engineering are the same and even a diploma student should be consider as a degree holder .but i still feel that diploma after 10 should be not allowed
This is a good decision. Similarly, Diploma holders with relevant experience should be allowed to enroll for Master Degree programs.
yes, this is a welcome decision from supreme court some of the degree graduates doesn't have the idea apart from their text-books. technical students are more sounder than degree students, so every diploma candidates should be treated equal to degree students in every aspectsbut any one can mail me if they know that can diploma holders can take competitive exams like KAS AND IAS IPS from now on
This is a good move and a welcome move by Supreme Court . diploma and engineering are the same and even a diploma student should be consider as a degree holder .but i still feel that diploma after 10 should be not allowed .
All technocrates are equally responsible for upgradation of science
may be degree holder has theortical knowledge practical wise diploma guys are more sounding, if you take years of completation many has backs and they complete engg in 6 or 7 yrs they cant considered as superior, so measure them by talent technical knowledge not by degree always
Its a good decision taken by the govt treating diploma as degree... Wise decision
The engineers will not expect this this desition, The Degree holder is the Degree holder and Deploma holder is the Deploma holder only. Never become the degree holder.
Dear Mr. Indian, are u a graduate engineer :P looking at spelling mistakes it seems you are graduated from UP or Bihar (where degrees are available at CHATWALA too ). Neways, I would like to say, Engineering Diploma should be considered equally as Degree and the Diploma holders should be allowed to study further in Masters Degree programs.
yes you are right diploma students do not do spelling mistakes like you people
Hi,Its really great to hear that SC has announced diploma should be considered as degree.Really it'll be very helpful to diploma holders.If they continue with thier studies(BE) there will sum value.they'l easily get a job because diploma holders will be having sound practical knowledge.
yes you are right degree holders are degree holders and diploma holders are diploma holders first join veta learn English spellings and post comments you proved diploma students cannot make silly mistakes like you degree people
May be your Degree holder,But you cannot write a single line in English properly.
ha ha ha .i am realy feeling shame that a degree holder is not able to write english properly.same on u
Please try to look at all the aspects in this case. Is it just a qualification which is attracting article 14 what about experience. If a diploma holder has 3 years experience then he is equal to a degree holder with a year or 2 years exprience. It depends on the basis of defination of this equal and unequal.
Article 14 should not be streched too far.. says the SC. How far is "too far" is not defined by the court. Moreover, there is a vast difference in the curriculum for the degree and diploma courses in engineering. So if the degree and diploma holders are to be treated equally , many will not really opt for degree courses which take at least 2 additonal years to complete.
Hey man ? Did you take five years in completing your degree course? It seems so because you say that there is a two year difference between degree
I seem to be in a better position to comment on this article because after my 10th Std I did my Diploma (3 years) and then followed it with a Degree (3 years, 1st year exemption) in Engg. To be very honest I found that my colleagues who did their diploma had better hands on skills
How wise the judges of Supreme court are????? THis is evidenced by this verdict.A diploma holder is technically less taught than degree holder, i.e. 1 year more than diploma holder. The solving and analysing abilities are more taught in degree courses.Diploma holders are not even eligible to PG courses without a bridge course of AMIE or so.Honorable Supreme court must check their own cadres, by this corollary a Munsif Magistrate is equal to CJI of Supreme court.Press and otherwise open society must check the rampant corruption in the Judiciary as thier major decisions are motivated from this greed and unaccountabiltiy.
Diploma holders will study the subjects of Engineering after SSLC, but Degree holders has to study after PU. So Diploma holders are more advanced than degree holders. Degree holders study only basic theory and week in practical subjects which they are facing problem in the industry. Diploma holders are well trained in the practical supported by theory subjects. The court has taken the right decision. Diploma holders and Degree holders are one and the equal in all respects.
it is not fair at all how one can compare five yrs college and two yrs diploma as equal, this will hurt the education system in entire country,Then peolpe will not take much interest to send their children for higher education in well known Instutite , rather send them to coach class then they will get a diplloma, which nothing a data feeding clerk,they will kept away from the real knoweldge.
u dont insult diploma students ur ilegal fellow u don t know how is the diploma students are talented student campared to ur qualificaton
I don't know from where Mr Vasant learnt that diploma is two years course and it is nothing but a data feeding clerk course. either he is not having adequate knowledge or he may just try to insult all diploma holders community. I don't believe that Mr Vasant is much more wiser than a SC judge.think twice when you are making some comment about some community.
The Diploma Engineers are the worst sufferer policies adopted by Govt of India.They are always denied chance to show their potentials.Their credits are always usurped.They are the rare sample of Indians of British Raj.Having Experience and knowledge for 20-30 years they never get promotion in their respective cadre.The degree engineers though incompetent get promoted in 3-5 years and become Chief Engineer in due course whereas diploma engineers retire at their same post.the Babus get promoted to secretaries,Pcs to IAS cadre but not the diploma engineers.The Diploma Engineers are the beast of burden to make degree holders enjoy all the freedom.See the syllabi of degree and diploma.they dont study more than 20% extra but enjoy 100% extra.since degree engineers believe till date"The east is east and the west is west and never the twain can meet" But realities are quite different.There is no dearth of good designers,programmers and planners having their qualification as Diploma in Engineering.Knowledge is not the patent to only degree holders.The biased and prejudised attitude towards diploma holders has to be removed from the policy makers.Though very late but The Apex Court has delivered the due.kudos to such justice for the deprived.
Till date Diploma Engineers are treated like indiandogs and the degree engineers as Saheb of British Raj .After having experience of 20-30 years they don't get promotion to the relevent cadre whereas degree holders get within 3- 5 years.this is a total injustice and denial of equal oppertunity as per Indian constitution. In private firms, they are adjudged by their knowledge and experiences and are posted accordingly.In PSU and GOVT. sectors the face life long discrimination.Diploma Engineers are treated as Ex-cadre. As Degree holders have their great share and upperhand in management and policy making;they have drawn a parallel line (to suit them )that meet only in infinity never in real service period. Diploma holdres who became E.D.of NTPC are the rare species of the past.When Babus become secretaries,PCS promoted to IAS cadre,why not Diploma Engineers to Graduate Engineer cadre.
This is a welcome message for diploma holders .i am currently working in a leading MNC as a project leader.I have all the ability to manage my team members where thy are degree holders.Diploma holders are having good capability to do the task in a right way.It s totally depends on the intelligence not only on our studies.
can diploma holders apply for the state or central govt. jobs if they asking for degree holders ...
Supreme court decision is good Diplome guys practical knowlege more than engineer guys but now days Diplome guys and engineer guys syllabus almost same that for SC taken decision is good