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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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The apex court has ruled Degree in Engineering is equal diploma in engineering for the purpose of promotion. My question is whether they can be treated at par for the purpose of recruitment. What is the apex court's stand on this issue?
Please read this.
Isn't it ironical that having 25% pure degree holders and 50% acquired degree holders in delhi development authority, consultants are being appointed for petty works, e.g., structural designs of RCC, crust thickness of roads, simple structural steel designs etc. Out of these 75% so called highly qualified engineers not even 10% know the basics of engineering, (leave aside the simple computing by computer, DWG etc. Every body in the department knows that acquiring degree without obtaining prior written permission for higher studies is of no use; but in delhi development authority the list is very long of the persons who have acquired degree without permission taken seniority with retrospective effect, promoted, and are now pulling on with consultants, because they know nothing of engineering, theoritical as well as practical.
Make diploma is equal to degree by law. I think this judge's son only got a diploma. They should make this type of stupid verdicts
would diploma holders can attend competative examinations like K.A.S , I.P.S , I.A.S?????
Diploma holders are not anyway lower to degree holders, Most of the degree holder just have theoretical knowledge but in all diplomas holders have both theoretical and practical knowledge. Since not all degree holder are wise and no diploma holders are not unwise, There is nothing to related to degree and diploma, what we have to consider is about knowledge, character, ability and attitude of a person towards his work he does and how effectively.
I m happy that some ppl don consider diploma as lower .. the matter of fact the degree students study the same subjects as diploma or vice-versa.. only degree students study certain topics more.. i truly respect degree students and appricieate there level of knowledge. thank u.
Diploma studies is no doubt best because it includes more practicals. whereas degree education is just distributing the degree as soon as you give DONATION to any college. Nowadays in North India, best business is EDUCATION. Make a TRUST then open an ENGG college, pay some DONATION to AICTE and UPTU and then parents will pay you DONATION. Great Business....
b-tech is worest one when we compare with diploma becaue same subjects and same education in diploma and b-tech but a large difference in fees no more additional salary get by a b-tech holder compare with diploma holder so dont make b-tech and dont spoil ur and ur parents life it is an waste education simply i can say that it is not a education it is an business
would diploma holders can attend competative examinations like K.A.S , I.P.S , I.A.S
I would like to know if my diploma from symbiosis in HR management(75%) would make me eligible for PhD if i like to make career in teaching.And also like to gain information from you,the name of universities who is agree with this view and consider diploma as degree. I would highly appriciate your help. Thank you.
is diploma in hotel management is equivalent to degree, so that i can further my studies to mba or masters. please help me out as soon as possible
I too agree with verdict. But in actual example Graduvate with 25 Years attaining GM in L&T and diploma with same experiance attaining only Senior manager level. Hence it loosses the manpower since many staff are looking for change.
Diploma holders cannot be under estimated because degree or diploma is just an qualification.. But the process of getting a diploma is too hard. So the practical knowledge is more gained by the diploma holders.
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
Dip.in engg.or ITI can be attained after 10 exam whereas Degree is possible after 12. ITI is 2 yr,Dip is 3 yr whereas Degree is 4 yr.Exposure to all above is different.ITI can do better plumbing, masonary, mechnic, electric works than Dip/Deg holder. Dip can do better field work. Deg can do design,drg, management, monitor which dip/ITI can't.For all India service only Deg can appear.Why not ITI/Dip/Deg all treated equal?
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