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Judgment
Hon’ble Mr. R.N. Singh, Member (J):
The present OA has been filed by the applicants, praying therein, for the following reliefs:-
“(i)To declare the action of the respondents in not treating the diploma in Civil Engineering obtained by the applicants from recognized deemed University namely Karnataka State Open University & IASE University under Distance Mode as illegal and unjustified and issue appropriate directions to treat the diploma of the applicants as valid for all purposes.
(ii)To declare the applicants eligible for consideration of their claim for appointment to the post of JE (C) through Limited Departmental Competitive Examination-2015 and direct the respondents to consider the claim of the applicants for appointment to the said post of JE(C).
(iii)To quash and set aside the impugned order dated 23.11.2015 to the extent the applicants have been treated ineligible to participate in the selection process initiated vide notification dated 10.06.2015 for appointment to the post of JE (Civil) and issue consequential directions.
(iv)to allow the OA with cost.
(v)to pass such other and further orders which their lordships of this Hon’ble Tribunal deem fit and proper in the existing facts and circumstances of the case.”
Pursuant to the notice from the Tribunal, the respondents have filed their counter reply and the applicants have filed their rejoinder.
Learned counsel for the applicants submits that during the pendency of the OA, the Hon’ble Supreme Court has passed an order dated 22.01.2018 in MA Nos. 1795-1796 of 2017 in Civil Appeal Nos. 17869-17870 of 2017 titled Orissa Lift Irrigation Corp. Ltd. Vs. Rabi Sankar Patro & Ors.. The AICTE issued Notification in the year 2017 [Annexure M-1(colly)]. In view of the same, the respondents are required to consider the pay of the applicants as made in the present OA.
Per contra, Shri Gyanendra Singh, learned Senior Central Government Standing Counsel, submits that subsequently, Hon’ble Supreme Court has passed an order dated 10.04.2018 in Civil Appeal No. 3697-3698 of 2018, etc. and the claim of the applicant is not admissible in view of such judgments.
In view of the aforesaid, with consent of the learned counsels for the parties and without going into the merit of the claim, the present OA is disposed of with liberty to the applicant to prefer a comprehensive representation before the Competent Authority under the respondents within two weeks from today and if such representation is received by the respondents within the time stipulated herein, respondents are directed to consider such representation of the applicant and to dispose of the same by passing a reasoned and speaking order as expeditiously as possible and in any case within 10 weeks on receipt of such representation.
Pending MAs also stand disposed of accordingly. No order as to costs.