AI Structured Summary
Not yet generated for this judgment
Judgment
Ajay Mohan Goel, Judge
Judge By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-
“a. That writ of mandamus or any other appropriate writ may kindly be issued and impugned Annexure P-1 may kindly be quashed and set aside.
b. That the respondent be directed to grant time to acquire Diploma till June, 2025.
c. That the respondent be directed to issue the appointment letter to the petitioner in the interest of justice.”
2. The facts which are necessary for the adjudication of this petition are that the petitioner was appointed as a JOA (IT) on contract basis on 22.09.2022. A copy of his appointment letter is appended with the petition as Annexure P-2. The petitioner is aggrieved by the fact that in terms of the impugned order (Annexure P-1), he has been demoted from the post of JOA (IT), against which he was appointed on compassionate basis to a Class-IV/Group-D post on daily wage basis.
The reason as to why the impugned order has been issued is that in terms of the appointment letter (Annexure P-2), as from the date of the appointment of the petitioner against the post of JOA (IT) he was to obtain a Diploma from National Institute of Electronics and Information Technology (NIELIT) in Category 'O' or 'A'. In terms of the appointment letter, in case the incumbent failed to obtain the Diploma in the first year of his appointment, then, in the next year, the incumbent was to obtain the Diploma on his own expenses. If the incumbent failed to obtain the Diploma within two years, then, the incumbent would be demoted to a Class-IV post.
In the present case, admittedly, the petitioner failed to obtain the said Diploma within two years, the same has led to the passing of demotion order of the petitioner.
As the averments made in the writ petition were not very clear as to the dates when the petitioner had joined the course and when he had actually passed the course, he was called upon by the Court to file a supplementary affidavit.
In compliance to the said order, the petitioner has filed a supplementary affidavit dated 14.06.2026, relevant portion whereof is quoted hereinbelow:-
“1.That the present supplementary affidavit is being filed in compliance with the order dated 07.05.2026 passed by this Hon'ble Court in the above titled matter, whereby this Hon'ble Court was pleased to direct the petitioner to furnish the details with regard to the course undertaken by the petitioner.
2.That I was appointed as Junior Office Assistant (I.T.) on compassionate grounds vide appointment order dated TIES.TEL 22.09.2022 issued by the Himachal Pradesh School Education Board. One of the conditions of appointment required me to acquire the prescribed "O" Level / "A" Level Diploma in Computer Application within the stipulated period as per the last para of appointment order (Two Years) Appointment order is already annexed as Annexure P-2 with the petition.
3.That thereafter, the competent authority granted permission to the petitioner vide communication dated 31.03.2023 for undertaking the NIELIT "O/A" Level Diploma Course at HIPA-NIELIT, Dharamshala, District Kangra, for the session June, 2023, which is annexed as Annexure P-4 with the petition.
4.That the said diploma course comprised theoretical as well as practical subjects relating to computer applications and information technology and the petitioner regularly appeared in the examinations conducted by NIELIT from time to time. The Petitioner has to complete four module and one project.
5.That during the course period, the petitioner appeared in the First Semester Examination held in January, 2024 and the result thereof was declared on 18.03.2024, thereafter, the petitioner appeared in the re-appear examination conducted in January, 2025 and the result thereof was declared on 17.03.2025, wherein the petitioner was still shown unsuccessful in one subject and again petitioner again appeared in the subsequent re-appear examination conducted in July, 2025 and finally cleared all the remaining papers/examinations and the final result was declared on 30.10.2025. Copy of Application in annexed as Annexure P-8 and copy of result cards are annexed as Annexure P-9 (Colly).
6.That after successful completion of all papers and fulfillment of course requirements, the Diploma Certificate was issued in favour of the Petitioner on 16.12.2025 and the same was thereafter submitted the Petitioner before the office/department 02.01.2026. Copy of certificate is annexed as Annexure P-10 for the kind perusal of this Hon'ble Court.
7.That I accordingly undertook the aforesaid Computer Diploma Course and the relevant details thereof are being furnished herein below for the kind perusal of this Hon'ble Court.
8.That I had successfully completed the aforesaid diploma course and submitted the diploma certificate before the competent authority on 02.01.2026.”
Necessary documents substantiating the contents of the supplementary affidavit are appended with the petition. In terms of this supplementary affidavit, after the petitioner was offered appointment against the post of JOA (IT) vide letter dated 22.09.2022, permission was granted to him vide communication dated 31.03.2023 to undertake the NIELIT course at HIPA NIELIT, Dharamshala for the Session June 2023. The petitioner after taking admission in the course, appeared in the first semester examination held in the month of January 2024 and the result thereof was declared on 18.03.2024. Thereafter, the petitioner appeared in the re-appear examination which was conducted in January 2025, result whereof was declared on 17.03.2025 and the petitioner again was shown as unsuccessful in one subject. In the said subject, the petitioner appeared in the re-appear examination conducted in July 2025, which as per the documents appended as also the averments made in the supplementary affidavit, was cleared by him on 30.10.2025. After his passing all the papers, the Diploma certificate was issued in favour of the petitioner on 16.12.2025 and the same was submitted by him with the Department on 02.01.2026 (Annexure P-10).
According to the petitioner, as permission to undertake the NIELIT course was given to the petitioner in the month of March 2023 and the first session started in the month of June 2023, the petitioner had completed the course within two years.
Though, in terms of the contents of the supplementary affidavit, there is delay on the part of the petitioner in obtaining the necessary Diploma, but, after the commencement of the session in the month of June 2023, the petitioner lastly appeared in the re-appear examination which was conducted in the month of July 2025, result whereof was declared on 30.10.2025. Now, the holding of the re-appear examination in the month of July 2025, as also the declaration of the result on 30.10.2025 are matters of record, which are duly borne out from the documents appended with the supplementary affidavit.
Though the re-appear examination was conducted after two years as from June 2023, but, fact of the matter remains that the fixation of dates of holding the re-appear examination was not in the hands of the petitioner. The exam was held in the month of July 2025, i.e. one month beyond the period of two years, which he successfully cleared when the result was declared on 30.10.2025.
Now, in this backdrop, this Court is of the considered view that as the petitioner appeared in the re-appear examination within a month after the expiry of two years, which he later successfully cleared when the result was declared in the month of October 2025, the order of demotion is harsh.
The condition precedent as per the appointment letter of the petitioner was that the petitioner was to obtain the Diploma within two years as from the date of appointment, but fact of the matter is that the joining of the course, holding of the examination and declaration of result were not in the hands of the petitioner. Though, the petitioner was unsuccessful in a couple of attempts in clearing the examination, but then the petitioner ultimately cleared the same and obtained the Diploma in less than six months after the expiry of two years as from the date of the commencement of the course. These additional six months include the holding of the paper in the month of July 2025, declaration of the result in the month of October 2025 and the submission of the Diploma certificate by the petitioner to the authorities in the month of January 2026.
In this backdrop, this Court is of the considered view that as the petitioner had successfully acquired the Diploma required, though with a slight delay, it would be in the interest of justice in case, the petition is allowed by setting aside Annexure P-1, i.e. the order of demotion of the petitioner and the respondents are directed to accept the Diploma of the petitioner so as to treat the petitioner having fulfilled the requirement of acquiring the relevant Diploma for his continuity as a Class-III employee. Ordered accordingly.
Annexure P-1 is quashed and set aside. Respondents are directed to take on record the Diploma obtained by the petitioner and treat the same as the petitioner having fulfilling the requirement of acquiring the requisite Diploma for continuing as a Class-III employee.
With these observations, the writ petition is disposed of, so also pending miscellaneous applications, if any.