CWP/14206/2026 on 3 November 2026

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.14206 of 2026

Decided on: 3rd November, 2026 ------------------------------------------------------------------------------------- Tilak Raj

…..Petitioner

Versus

State of H.P. and others

.....Respondents -------------------------------------------------------------------------------------

Coram

Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Aman Hansretta, Advocate.

For the Respondents: Mr. Rajat Choudhry, Assistant Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge

Following order was passed in this matter on 06.10.2026:- “Respondents have not filed reply to the writ petition. Learned counsel for the petitioner submits that petitioner is a Junior Engineer (Civil) in the respondent Jal Shakti Department. His limited grievance raised in this writ petition is that in the final seniority list of Junior Engineer (Civil) as on 31.12.2025 issued by the respondents vide Annexure P-4 dated 25.6.2026, his name though figures at serial No. 628, but under column No.4 that pertains to academic/technical qualification, petitioner's possession of AMIE qualification obtained by him in the year 2024 has not been reflected. Only 10+2/Diploma in Civil Engineering has been reflected against the name of the petitioner under the aforesaid column.

1Whether reporters of print and electronic media may be allowed to see the order? Yes.

Let the respondents verify the above aspects, and in case petitioner's assertion of having done AMIE course in the year 2024 are found to be correct, then requisite correction be carried out in the final seniority list of Junior Engineer (Civil). According to the petitioner, for further promotion to the post of Assistant Engineer, AMIE holders would have separate earmarked quota.

List on 02.11.2026.”

Pursuant to above order, instructions dated 30.10.2026 were placed on record by the respondents. Taking note of the same, the next order was passed on 02.11.2026 as under:- “Learned Assistant Advocate General has placed on record office instructions dated 30.10.2026 from respondent No.2, however, the same are not in conformity with the order passed on 06.10.2026. Instant is not a case where petitioner is putting forth his eligibility for promotion to the post of Assistant Engineer (Civil). Petitioner only desires that his qualifications be reflected in the seniority list in accordance with the qualification which he actually possesses.

Let fresh instructions strictly in consonance with the grievance of the petitioner as noticed in the previous order be placed on record by tomorrow (03.11.2026).

List on 03.11.2026.”

2. The above order was passed taking note of petitioner’s claim that instant was not a case where the petitioner was putting forth his eligibility for promotion to the post of Assistant Engineer (Civil), but he only desired that his qualifications be reflected in the seniority list in accordance with the qualification which he actually possesses.

3. During the course of today’s hearing, learned Assistant Advocate General has placed on record office instructions dated 03.11.2026, relevant portion of which reads as under:- “In this connection, it is submitted that the All India Council for Technical Education (AICTE) in its 52nd emergent meeting held on 03.08.2017, recognized the courses conducted with MHRD OM No.11-15/2011-AR (TS.II) dated 06.12.2012 for equivalence for all purposes including higher education & employment which were duly recognized by MHRD with permanent recognition upto 31.05.2013. Thus all those students who were enrolled with these institutions with permanent recognition upto 31.05.2013, stand recognized and a public notice was issued in 2017 accordingly in this regard.

In the instant case, the petitioner obtained an AMIE degree in Civil Engineering from the Institution of Engineering (India), 8, Gokhale Road, Kolkata-700220 on 02.07.2024. To acquire the said degree, the petitioner enrolled himself with the aforementioned institution on 31.10.2015, i.e., after the cut-off date of 31.05.2013. Therefore, the AMIE degree acquired by the petitioner cannot be considered as recognized or valid.

In view of the facts stated hereinabove, the unrecognized AMIE degree in Civil Engineering acquired by the petitioner cannot be reflected in the final seniority list of Junior Engineer (Civil). If the said degree is reflected in the final seniority list, the petitioner may claim further promotion to the post of Assistant Engineer (Civil) on account of the said degree which will result to a violation of the statutory R&P Rules governing the post of Assistant Engineer (Civil).”

4. Learned counsel for the petitioner now asserts that petitioner desires that his qualifications should be mentioned in the seniority list, as according to him, the same qualifications satisfy the eligibility criteria for petitioner’s promotion to the post of Assistant Engineer (Civil) under a separate quota reserved for such qualifications. In terms of the office instructions dated 03.11.2026, respondents have held that the qualifications possessed by the petitioner are not recognized/valid.

5. Keeping in view the limited format of the writ petition vis-à-vis the relief claimed therein, the instant petition cannot be considered any further. The petitioner for some vague and undisclosed reasons, has not claimed any relief qua his eligibility in view of his qualifications for promotion to the post of Assistant Engineer (Civil). In fact, in the order dated 02.11.2026 that was passed in presence of learned counsel for the petitioner, it was specifically recorded that present petition is not a case where petitioner is putting forth his eligibility for promotion to the post of Assistant Engineer (Civil), however, now the petitioner insists that his qualifications make him eligible for promotion to the post of Assistant Engineer (Civil). As noticed earlier, the pleadings in the petition are lacking in that regard. Therefore, this writ petition is disposed of reserving liberty to the petitioner to file appropriate petition in accordance with law for the redressal of his substantive grievances. Pending miscellaneous application(s), if any, also stand disposed of.

Jyotsna Rewal Dua November 03, 2026

Judge Mukesh