S.K. Verma & Others vs National Highway Authority Of India

L. Narasimha Reddy, J

The orders which are impugned in these two OAs are passed by the same authority and for the same reasons. The only difference is that while in

OA.543/2021 the impugned order resulted in reversion of the applicant to the post of Technical Assistant from the post of Manager (T). The result of

the order impugned in OA.897/2021 is that the absorption of the applicant therein in the post of Manager (T) in the National Highways Authority of

India (NHAI) was withdrawn and he was offered the post of Technical Assistant in NHAI (Level-6). Therefore they are being disposed of by a

common order.

For the sake of convenience the applicants in OA.543/2021 are referred as applicants 1 and 2 and the applicant in OA.897/2021 is referred as

applicant No.3.

The brief facts that leading to be filing of these OAs are as under :

The applicants 1 and 2 joined the service of NHAI as Draughtsmen on temporary basis in 1997 and 1998 respectively. That post was designated as

Technical Assistant in the year 2002. The first applicant acquired Diploma in Civil Engineering in 1993 from Gandhi Polytechnic and the second

applicant acquired Diploma in Civil Engineering in 2010 from Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed-to be-University) (JRN University

for short). Both of them acquired Degree of B.Tech (Civil) from JRN University. On the basis of the degree qualification acquired by them, they

were promoted to the post of Assistant Manager (T) in the year 2014 and thereafter to the post of Manager (T) in the year 2015. They were holding

those posts, ever since then.

The 3rd applicant was appointed as Extension Officer in the Rural Development Department of Government Arunachal Pradesh on 26.03.1997 in

the pay scale of Rs.1400-2300. The qualification held by him at that time was Diploma in Civil Engineering. On completion of 12 years of service, he

was put in pay scale of Rs.8000-13500 vide order dated 14.12.2009, which is stipulated for the post of Assistant Engineer. He acquired the Degree in

Civil Engineering from JRN University in the year 2010. He came on deputation to the NHAI as Manager (T) in the pay scale of Rs.15600-39100

with Grade Pay of Rs.6600/- in the year 2015 for a period of five years. On an application filed by him, he was absorbed in the NHAI on 12.09.2018.

Thereby he became a regular employee of NHAI.

The question as to whether the B.Tech degree obtained from JRN University can be treated as valid qualification for appointment to the post of

Engineers of various categories was dealt with by the Hon’ble Supreme Court in Orissa Lift Irrigation Corporation vs. Rabi Sankar Patro in

C.A.No.17869-17870 of 2017. Vide judgement dated 03.11.2017, the Hon’ble Supreme Court held that the B.Tech degree obtained from the

said University cannot be treated as valid. The degrees obtained by the candidates who are enrolled between the academic years 2001-2005 were

extended the facility of appearing in a special examination to be conducted by the AICTE and UGC. The degrees obtained by them were suspended

till they pass such an examination. Direction was also issued to withdraw the benefits from the employees who extended the same, on the basis of the

degree from JRN University, subsequent to 2005. In compliance with the judgement of the Hon’ble Supreme Court, the NHAI passed an order

dated 01.03.2021 in the case of the 3rd applicant. Since he was taken on deputation from the service of the Government of Arunachal Pradesh, and

was absorbed thereafter, the absorption was withdrawn. He was offered the post of Technical Assistant in pay Level-6 without recovery of any

monetary benefits earned by him till date. In case of the applicants 1 and 2 an order of the same date was passed, reverting them to the post of

Technical Assistant.

The applicants contend that they obtained the degree of B.Tech., much before the judgement of the Hon’ble Supreme Court, and that it was

only on being satisfied about the validity of the degree, that they were extended the benefit of promotion or absorption, as the case may be. They

contend that the orders of reversion constitute the ones punishment and that could have been done only by initiating disciplinary proceedings.

The 3rd applicant contends that his counterparts in Arunachal Pradesh State Government have earned many promotions on the basis of similar

qualifications, and he cannot be pushed to a lower level in the NHAI. Various other contentions were also urged.

Respondents filed detailed replies in the OAs. They contend that the applicants got the benefit of higher post, be it on promotion or on deputation,

followed by absorption, only on the strength of the B.Tech degrees obtained from JRN University and once the Hon’ble Supreme Court held the

degrees issued by the said University as not valid, the benefit of promotion or absorption was withdrawn accordingly. It is also stated that Hon’ble

Supreme Court directed the withdrawal of such benefits.

We heard the arguments of Sh.V.S.R.Krishna, Sh.Sree Naraain Jha, learned counsel for the applicants and Sh.Ankur Chibber and Sh.Yogesh

Sharma, learned counsel for the respondents.

The issue in these OAs is about the validity of the orders of reversion, and of withdrawal of absorption. The difference between them is that

applicants 1 and 2 commenced their service in the NHAI itself, whereas the applicant No.3 was an employee of Government of Arunachal Pradesh

and he came on deputation in the year 2015 to the NHAI and Manager (T) and was absorbed therein. The recruitment rules for the post of Manager

in the NHAI prescribed the qualification B.Tech in Civil Engineering for the post of Manager (T). The relevant column read as under :

Educational Qualification :

Essential :

(i) Degree in Civil Engineering from a reputed Institution of Technology or a recognized University.

Desirable :

Post Graduate Degree in Civil Engineering in the field’s relating to Highway Engineering and/or Post Graduate Degree in

Management/MBA from an Institute of repute.

Experience:

Should have put in at least 3 years service in a responsible senior position in a Govt.Deptt/Public Sector Undertaking/Commercial

Organization of repute and should be working in an analogous post or the post next below or equivalent for at least 3 years.

Desirable :

Should be well versed in the field of Highway/Bridge Engineering dealing with Planning, Pre-qualification of Consultants and Contractors,

Financial Appraisal of Projects, Detailed Designing, Techno-financial reviews, Evaluation of Tenders Contract Management, Monitoring

Liaison with major construction agencies/Govt. Bodies; Performance Appraisal of Major Highways/Bridge Projects.

Method of Recruitment :

By deputation/transfer from candidates already on the panel of Under Secy. In the Govt. of India and possessing the Educational

qualifications stipulated in Col.7 or from candidates holding analogous post in a Central/State Govt. Deptt./Autonomous Body/Public Sector

Undertaking or with 3 years regular service in the scale of Rs.2200-4000 or 6 years in the scale of Rs.2000-3500.

Period of Deputation :

Not more than 3 years but may be extended with the approval of Central Govt.

The method of appointment of the post is by way of promotion, deputation or transfer. Whatever be the method of appointment, it is essential that

a candidate must hold the B.Tech (Civil) degree. The one obtained by the applicants was from JRN University. On the basis of that degree, the

applicants 1 and 2 were extended the benefit of promotion at two stages. A notification was issued by the NHAI in the year 2011 inviting applications

for the post of Manager (T) on deputation basis. The 3rd applicant was taken on deputation, vide order dated 30.01.2015. The notification clearly

mentioned the qualifications, which included degree in Civil Engineering. It was on that basis, that he was taken on deputation. Applicants 1 and 2

were promoted to the post of Manager (T) in the year 2015.

A spate of litigation ensued about the validity or otherwise of the degree in Civil Engineering awarded by the JRN University. The Hon’ble

Supreme Court decided the issue, finally in Orissa Lift Irrigation Corporation vs. Rabi Sankar Patro in C.A.No.17869-17870 of 201.7 After

discussing the matter at length, the Hon’ble Supreme Court took serious exception to the manner in which the degrees in Engineering were

awarded by the said university. Their Lordship’s issued directions as under :

Accordingly we direct:

I 1994 AICTE Regulations, do apply to Deemed to be Universities and the Deemed to be Universities in the present matter were not justified

in introducing any new courses in Technical Education without the approval of AICTE.

II Insofar as candidates enrolled during the Academic Sessions 2001-2005, in the present case the ex post facto approvals granted by UGC

and their concerned authorities are set aside.

III Consequent to aforesaid direction No.II, all the degrees in Engineering awarded by concerned Deemed to be Universities stand

suspended.

(2016) 7 SCC 353 â€" Paras 86 to 92, 108 to 111 (2016) 6 SCC 335 IV The AICTE shall devise the modalities to conduct an appropriate

test/tests as indicated in Para 47 above. The option be given to the concerned students whose degrees stand suspended by 15.01.2018 to

appear at the test/tests to be conducted in accordance with the directions in Para 47 above. Students be given not more than two chances to

clear test/tests and if they do not successfully clear the test/tests within the stipulated time, their degrees shall stand cancelled and all the

advantages shall stand withdrawn as stated in Paras 46 and 47 above. The entire expenditure for conducting the test/tests shall be

recovered from the concerned Deemed to be Universities by 31.03.2018.

V Those students who do not wish to exercise the option, shall be refunded entire money deposited by them towards tuition fee and other

charges within one month of the exercise of such option. Needless to say their degrees shall stand cancelled and all advantages/benefits

shall stand withdrawn as mentioned in Para 47.

VI If the students clear the test/tests within the stipulated time, all the advantages/benefits shall be restored to them and their degrees will

stand revived fully.

VII As regards students who were admitted after the Academic Sessions 2001-2005, their degrees in Engineering awarded by the concerned

Deemed to be Universities through distance education mode stand recalled and be treated as cancelled. All benefits secured by such

candidates shall stand withdrawn as indicated in Para 48 above. However, the entire amount paid by such students to the concerned

Deemed to be Universities towards tuition fees and other expenditure shall be returned by the concerned Deemed to be Universities by

31.05.2018, as indicated in Para 48. VIII By 31.05.2018 all the concerned Deemed to be Universities shall refund the sums indicated above

in VII and an appropriate affidavit to that extent shall be filed with UGC within a week thereafter.

IX We direct the CBI to carry out thorough investigation into the conduct of the concerned officials who dealt with the matters and went

about the granting permissions against the policy statement, as indicated in Para 49 above and into the conduct of institutions who abused

their position to advance their commercial interest illegally. Appropriate steps can thereafter be taken after culmination of such

investigation.

X The UGC shall also consider whether the Deemed to be University status enjoyed by JRN, AAI, IASE and VMRF calls for any withdrawal

and conduct aninquiry in that behalf by 30.06.2018 as indicated above. If the moneys, as directed above are not refunded to the concerned

students that factor shall be taken into account while conducting such exercise.

XI We restrain all Deemed to be Universities to carry on any courses in distance education mode from the Academic Session 2018- 2019

onwards unless and until it is permissible to conduct such courses in distance education mode and specific permissions are granted by the

concerned statutory/regulatory authorities in respect of each of those courses and unless the off-campus Centres/Study Centres are

individually inspected and found adequate by the concerned Statutory Authorities. The approvals have to be course specific.

XII The UGC is further directed to take appropriate steps and implement Section 23 of the UGC Act and restrain Deemed to be Universities

from using the word ‘University’ within one month from today.

XIII The Union of India may constitute a three members Committee comprising of eminent persons who have held high positions in the field

of education, investigation, administration or law at national level within one month. The Committee may examine the issues indicated above

and suggest a road map for strengthening and setting up of oversight and regulatory mechanism in the relevant field of higher education

and allied issues within six months. The Committee may also suggest oversight mechanism to regulate the Deemed to be Universities. The

Union of India may examine the said report and take such action as may be considered appropriate within one month thereafter and file an

affidavit in this Court of the action taken on or before August 31, 2018. The matter shall be placed for consideration of this aspect on

11.09.2018.

From a perusal of sub-paragraph (vii), it is evident that the Hon’ble Supreme Court directed that the benefits secured by students who

obtained the degree after the academic sessions of 2001-2005 shall stand withdrawn as indicated in para-48; which reads as under :

As regards the students who were admitted after the ex-post-facto approval granted in favour of such Deemed to be Universities, in our

view, there was no sanction whatsoever for their admission. The Policy Statements as well as warnings issued from time to time were

absolutely clear. The students were admitted on the strength either provisional recognition or on the strength of interim orders passed by the

High Court. We therefore, declare that in respect of students admitted after the academic sessions of 2001-2005, the degrees in Engineering

awarded by the concerned Deemed to be Universities through Distance Education Mode shall stand recalled and be treated as cancelled.

Any benefit which a candidate has secured as a result of such degrees in Engineering in the nature of promotion or advancement in career

shall also stand recalled. However, if any monetary benefit was derived by such candidates that monetary benefit or advantage will not be

recovered by the concerned departments or employers. We, further direct that the entire amount paid by such students to the concerned

Deemed to be Universities towards tuition fee and all other expenditure for such courses through distance education learning shall be

returned by the concerned Deemed to be Universities to the respective students. This direction shall be complied with by the concerned

Deemed to be Universities scrupulously and the amounts shall be returned by 31st of May, 2018 and an appropriate affidavit to that extent

shall be filed with UGC within a week thereafter.

The direction issued by the Hon’ble Supreme Court is referable to Article 142 of Constitution of India and every authority and agency in the

country is required to act in conformity with the said directions. The NHAI has no option, but to withdraw the benefit of promotion or appointment or

absorption granted to its employees on the strength of the degree in Civil Engineering from JRN University.

It is strongly argued by Sh.V.S.R.Krishna, learned counsel for the applicants 1 and 2 that there is an alternative qualification in the recruitment

rules, namely 10 years of experience with diploma in the feeder category post and since his clients fulfilled that, they are entitled to continue in the post

of Manager (T). He has further pleaded that the Government of India issued a circular in the year 1975 directing that Diploma holder with 10 years

experience shall be treated as holding the qualification of degree in Engineering and in that view of the matter, his clients are not liable to be reverted,

even if the degree in Civil Engineering obtained from JRN University, is to be ignored.

We would have certainly examined that contention, had the so called equivalence been incorporated in the recruitment rules. It is fairly well settled

that when the conditions in service are regulated by the recruitment rules, any amount of external material would not be of any use, unless it is made

part of the recruitment rules. The clarification issued by the Government of India that too about 45 years ago, may have enabled certain agencies to

treat a candidate holding diploma with 10 years experience, equivalent to the one, with degree in Civil Engineering. Unless that facility is provided for

under the relevant recruitment rules, the so called equation would not result in benefit to any individual.

Further, in case the diploma with 10 years of experience is to be treated as equivalent to degree in Engineering, the facility is to be extended to all

the employees in the NHAI, and not selectively to applicants 2 and 3. It is only when a policy decision is taken, and the recruitment rule is

correspondingly amended, that the benefit can accrue to all the eligible candidates. The law does not permit the extension of the benefit, selectively to

one or few employees who are otherwise held to be not entitled to hold the post, with particular description.

We do not find any merit in the OAs and they are accordingly dismissed. However, as regards the applicant in OA.897/2021, we observe that in

case he feels that it would be better for him to go back to the parent organization i.e. the State of Arunachal Pradesh, it shall be open to him to pursue

the remedies in that behalf and NHAI shall extend all the co-operation for that purpose.

There shall be no order as to costs.