The Punjab and Haryana High Court has overturned a decision made by the Haryana Police Housing Corporation (HPHC) that elevated a worker to the position of an executive engineer after learning that the employee had earned a civil engineering degree through distance learning. The Punjab and Haryana High Court said, ‘A person who has not physically attended the classes/course and has not undertaken practical training cannot be said to be an engineer’.
The court was considering a case filed by Naresh Kumar and another seeking to set aside the order dated November 18, 2019, whereby Vinod Rawal was promoted to the position of executive engineer.
The petitioners claimed that Rawal was promoted to executive engineer in violation of Section 6(a) (proviso) of the Haryana Service of Engineers, Group-A, Public Works (Building and Roads Department Act, 2010, which states that a person who has earned a distance-learning civil engineering degree is not eligible to be hired as an executive engineer.
After perusing Sections 6 and 9 of the 2010 Act and referencing Supreme Court rulings, Justice Grewal stated, ‘Respondent No. 3 (Rawal) is not qualified for entry into Group A service or promotion to the post of executive engineer as it has been specified in Section 6 of the 2010 Act that no degree obtained through distance learning would be acceptable for appointment to the Group A service. The 2010 Act is stated to be under challenge but it has not been set aside. There is no interim order staying the operation of the Act. The Act is in force as on date and Respondent No. 3 does not possess the requisite qualification for promotion to the post of executive engineer’.