# Ashish Kumar Mishra & Anr v. State of U.P. & Ors

- **Citation:** (2021) 1 ILRA 744
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2020-12-15
- **Case number:** Service Single No. 8509 of 2020
- **Bench:** Chandra Dhari Singh
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ashish-kumar-mishra-anr-v-state-of-u-p-ors-46125
- **Pages:** 18

## Headnote

C.S.C.,
Manish
Jauhari,
Mohd.
Altaf
Mansoor, Nitin Kapoor, P.K. Srivastava,
Pradip Kumar Srivastava, Renu Mishra
1 All. Ashish Kumar Mishra & Anr. Vs. State of U.P. & Ors.
745
A. U.P. State Electricity Board Services of
Engineers Regulations, 1970 - Regulation
5(1)(d) - Service law - Promotion on the
post of Assistant Engineer - Misconduct -
Obtaining
AMIE
Course
without
permission of competent authority - AMIE
is a recognized engineering degree course
that can be studied in distance education
mode - This course does not demand any
classroom attendance and anyone who
meets the specified eligibility criteria can
become a graduate engineer in the least
possible time and expense - Since AMIE
course
arrange
Postal
Classes,
it
is
especially suitable for employed person,
as they can study this course without
being interfering with their job - Only it
was mandatory to inform the appointing
authority through his superior officers
regarding their enrollment in the AMIE
course but no prior permission was
required. (Para 37 and 40)
B. Service law - Misconduct - Meaning -
Misconduct means a transgression of
some established and definite rule of
action, where no discretion is left, except
what necessity may demand - It is a
forbidden
quality
of
an
act
and
is
necessarily indefinite - 'Misconduct' in
office
may
be
defined
as
unlawful
behaviour or neglect by a public officer of
his duties i.e. devotion to duty. (Para 29)
Writ Petition dismissed. (E-1)
Cases relied on :-

## Text

_Characters 0–39,939 of 61,075. This is a partial read: ask again with offset=39939 for what follows._

744 INDIAN LAW REPORTS ALLAHABAD SERIES
application form does not dis-entitle her to
claim consideration on the basis thereof.
The Supreme Court observed that the
respondents did not dispute the certificate,
but only disputed the time of its production
before them to claim consideration. The
appellant had already appeared for the
examinations conducted, but her result had
not
been
announced.
She
filed
a
representation claiming award of 10 marks
allotted for the candidates belonging to
IRDP Families (Families belonging to
backward Panchayat). The Supreme Court
allowed the appellant's claim and directed
declaration of her result and for inclusion
of her name in the training meant for Junior
Basic Teachers' Training Course and also
directed her appointment to be considered
in accordance with the Rules, if she
completed her training successfully. The
Supreme Court in fact, directed that the
certificate produced by the candidate,
which would otherwise entitle her to claim
weightage, even on a later date, can be
considered for providing appointment.

13. In the facts and circumstances of
the case merely for the reason that O.B.C.
certificate was not submitted by the
petitioner within the time, the authorities
would
not
be
justified
in
denying
petitioner's consideration for appointment
in O.B.C. category. If a person belonging to
a reserve category, a certificate issued by
the competent authority to this effect is
only affirmation of the fact which is
already in existence. The purpose of such
certificate is enable the authorities to
believe in the assertion of the candidate that
he belongs to a reserved category.

14. In view of the same, the court
is of the opinion that the petitioner is
entitled for the relief as claimed for by
him in the present writ petition.

15. In view of the aforesaid, this
writ petition is disposed of with the
direction upon the authorities concerned
to
treat
the
petitioner
as
O.B.C.
category candidate and pass further
orders in respect of his candidature.

16. It goes without saying that
correctness of the certificate would,
otherwise, be open to be examined
before issuing a formal order of
appointment to the petitioner.

17. The aforesaid exercise be
completed within a period of three
months from the date of production of
self attested computer generated copy
of this order downloaded from the
official
website
of
High
Court
Allahabad.

18.

With
the
aforesaid
observations,
the
writ
petition
is
allowed.
----------
(2021)01ILR A744
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 15.12.2020

BEFORE

THE HON'BLE CHANDRA DHARI SINGH, J.

Service Single No. 8509 of 2020

Ashish Kumar Mishra & Anr. ...Petitioners
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Laltaprasad Misra, Prafulla Tiwari

Counsel for the Respondents:
C.S.C.,
Manish
Jauhari,
Mohd.
Altaf
Mansoor, Nitin Kapoor, P.K. Srivastava,
Pradip Kumar Srivastava, Renu Mishra
1 All. Ashish Kumar Mishra & Anr. Vs. State of U.P. & Ors.
745
A. U.P. State Electricity Board Services of
Engineers Regulations, 1970 - Regulation
5(1)(d) - Service law - Promotion on the
post of Assistant Engineer - Misconduct -
Obtaining
AMIE
Course
without
permission of competent authority - AMIE
is a recognized engineering degree course
that can be studied in distance education
mode - This course does not demand any
classroom attendance and anyone who
meets the specified eligibility criteria can
become a graduate engineer in the least
possible time and expense - Since AMIE
course
arrange
Postal
Classes,
it
is
especially suitable for employed person,
as they can study this course without
being interfering with their job - Only it
was mandatory to inform the appointing
authority through his superior officers
regarding their enrollment in the AMIE
course but no prior permission was
required. (Para 37 and 40)
B. Service law - Misconduct - Meaning -
Misconduct means a transgression of
some established and definite rule of
action, where no discretion is left, except
what necessity may demand - It is a
forbidden
quality
of
an
act
and
is
necessarily indefinite - 'Misconduct' in
office
may
be
defined
as
unlawful
behaviour or neglect by a public officer of
his duties i.e. devotion to duty. (Para 29)
Writ Petition dismissed. (E-1)
Cases relied on :-
1. Union of India & ors. Vs Harjeet Singh
Sandhu, (2001) 5 SCC 593
2. Baldev Singh Gandhi Vs St. of Punj. & ors. ,
(2002) 3 SCC 667
3. M. M. Malhotra Vs U.O.I. & ors. , (2005) SCC
351

(Delivered by Hon'ble Chandra Dhari Singh, J.)

1. The petition seeks issuance of a
writ in the nature of certiorari for quashing
the impugned order dated 20.03.2020
passed by respondent no.4, contained at
Annexure 1 to the petition and also to
quash the list dated 27.05.2020 issued by
respondent no.6 containing names of 30
Junior Engineers.

The petition also seeks to quash the
list prepared by respondent no.7 containing
names of 30 Junior Engineers who have
acquired the B. Tech/AMIE Degree without
taking due permission from the appointing
authority and command the respondents to
consider for promotion and to promote only
those
Junior
Engineers
as
Assistant
Engineers under 8.33% quota as stands
prescribed in Regulation 5(1)(d) of the U.P.
State
Electricity
Board
Services
of
Engineers Regulations, 1970 who have
acquired B.Tech/AMIE degree after taking
permission from the competent authority.

2. The brief facts giving rise to the
present petition are stated as under :

i. The petitioners were recruited and
appointed as Junior Engineers by direct
recruitment through a selection conducted
by the Electricity Service Commission of
the UPPCL. The petitioners while working
as Junior Engineers obtained engineering
degree after obtaining due permission from
the competent authority.

ii. For making promotion on the post
of Assistant Engineers from the post of
Junior Engineers under 8.33% quota, a
letter dated 07.08.2019 was issued from the
office of respondent no.5 calling for
applications from the Junior Engineers
under the 8.33% quota in the prescribed
format
accompanied
with
educational
certificates including the diploma/degree,
mark-sheet and permission letter/order of
the competent authority. A reminder letter
dated 06.09.2019 was also issued to this
effect.
Letter
dated
07.08.2019
and
746 INDIAN LAW REPORTS ALLAHABAD SERIES
06.09.2019 makes it clear that the names of
only those Junior Engineers is to be
considered for promotion on the post of
Assistant Engineers under the 8.33% quota
who have acquired the B.E./AIME Degree
after taking due permission from the
department
for
taking
admission
for
pursuing the course of B.E./AIME.

iii. The petitioners submitted their
application forms for being considered for
promotion on the post of Assistant
Engineers to the competent authority,
which have been forwarded by the
Superintending Engineer to the Chief
Engineers vide letter dated 07.09.2019 and
13.09.2019. Total 104 Junior Engineers
submitted their application forms on the
post of Assistant Engineers under 8.33%
quota to the controlling/competent officer.
The petitioner no.1 finds place at serial
no.53 whereas the name of petitioner no.2
was at Serial No.57.

iv.
The
Screening
Committee
scrutinize
the
application
forms
as
submitted by the Junior Engineers, their
character rolls and the personal files of the
Junior Engineers and after the said
exercise, the committee prepared a list of
the suitable candidates for the promotion to
the post of Assistant Engineers. The list so
prepared was forwarded by the Chairman
of Screening Committee to the Board and
the Board prepared a final list known as
''select list' containing the names of the
candidates
from
amongst
which
the
promotion is made.

v. The State Government in order to
grant relaxation in qualifying service for
promotion has framed the Rules known as
''U.P. Government Servants Relaxation in
Qualifying Service for Promotion Rules
2006, which was lastly amended on
24.04.2013 vide U.P. Government Servants
Relaxation in Qualifying Service for
Promotion (First Amendment) Rules, 2013
and the same have been adopted by the
Uttar Pradesh Corporation Limited in its
100th Meeting held on 31.07.2013.

vi. Earlier the petitioners have filed a
writ petition Service Single No.32367 of
2019 (Ashish Kumar Mishra and another
vs. State of U.P. and others) before this
Hon'ble Court with the prayer to command
to
the
respondents
to
consider
for
promotion and to promote only those
Junior Engineers as Assistant Engineers
under 8.33% quota as prescribed in
Regulation 5(1)(d) of the U.P. State
Electricity Board Services of Engineers
Regulations, 1970 who have acquired
B.Tech/AMIE
degree
after
taking
permission from the competent authority.
The said writ petition was disposed of vide
order dated 25.11.2019 passed by a
coordinate Bench of this Court with
direction to decide the representation of the
petitioners.

vii. In pursuance to order passed by
this Court dated 25.11.2019, the petitioners
jointly submitted a representation dated
29.11.2019, which has been rejected by the
impugned
order
dated
20.03.2020,
contained at Annexure 1 to the writ
petition. Therefore, the instant writ petition.

3. Dr. L. P. Mishra, learned counsel
for the petitioners has submitted that the
petitioners were recruited and appointed as
Junior Engineers by direct recruitment
through a selection process conducted by
the Electricity Service Commission of the
U.P.P.C.L. The next promotional post from
the Junior Engineer is Assistant Engineer. It
is submitted that the said promotion is
made in accordance with the U.P. State
Electricity Board Services of Engineers
Regulations 1970 (for short ''Regulations
1970) which have been framed by the Uttar
Pradesh Electricity Board in exercise of
Powers conferred under section 79 (c) of
1 All. Ashish Kumar Mishra & Anr. Vs. State of U.P. & Ors.
747
the Electricity (Supply) Act, 1948. He has
referred the Regulations 5 (1) of the
Regulations
1970,
which
have
been
amended from time to time. The same reads
as under:

5. Source of Recruitment :

(1).As
per
the
rules,
the
total
sanctioned posts of Assistant Engineer for
recruitment in the service will be divided
into
different
categories
and
the
proceedings for recruitment/ promotion
against vacancies of each category will be
done separately every year and the year
and the category in which the posts are
vacant, the recruitment / promotion shall be
made in that category.

(a).
for
direct
recruitment
from
Trained Engineers - 50.33%

(b).By
promotion
from
amongst
members of Junior Engineers in the
manner prescribed in Appendix 'C' - 40%

(c). By promotion from amongst the
confirmed
and
qualified
computers
(Selection Grade) (E/M) in the manner
prescribed in Appendix 'C - 1.33%

(d). By promotion from amongst the
degree holder Junior Engineers/Computer
who have qualified B.E./AIME and have
rendered 10 years of qualified service as
Junior Engineer/Computer on 1st of July of
the selection year.

Provided that the number of posts to
be filled against the category (d) shall be
divided amongst Junior Engineers and
Computers in proportion described above
under category (b) and (c).

4. The learned counsel for the
petitioners Mr. Mishra has submitted that
the petitioners while working as Junior
Engineers has obtained B.Tech degree after
taking due permission from the appointing
authority as for acquiring any degree while
remaining in service, the prior permission
is required from the appointing/competent
authority as per order dated 25.01.1979,
issued by the Board which has been
followed
by
another
order
dated
18.08.1982, providing therein that if, any
employee of the Board has taken the
admission in any educational institute for
acquiring any qualification without the
permission
of
the
authority,
then
disciplinary proceedings will be initiated
against such employee and a request be
also made to the institute to cancel the
admission of such employee.

5. The learned counsel for the
petitioners
has
submitted
that
the
applications were invited for making
promotion on the post of Assistant
Engineer from the post of Junior Engineer
under 8.33% quota vide letter dated
07.08.2019
and
the
eligible
Juniors
Engineers who acquired the B.E./AMIE
degree submitted their application forms in
the prescribed format annexing the copy of
the permission. Reminder letter dated
06.09.2019 was also issued to direct the
Junior Engineers to submit attested copy of
permission
letter
granted
by
the
department. The petitioners have also
submitted their application forms in the
prescribed format.

It has also been submitted by the
learned counsel for the petitioners that the
select list so forwarded to respondent no.6
by respondent no.7 includes the several
names of Junior Engineers who have
acquired B.E./AMIE degree without taking
due
permission
from
the
competent
authority, which is utter violation of the
order dated 07.08.2019 and 06.09.2019.
Learned counsel submits that on earlier
occasion when the respondents were going
748 INDIAN LAW REPORTS ALLAHABAD SERIES
the promote those Junior Engineers who
have acquired the degree of B.E./A.M.I.E.
without taking due permission from the
competent authority, the petitioners have
filed a Writ Petition Service Single
No.32367 of 2019 (Ashish Kumar Mishra
and another vs. State of U.P. and others)
before this Hon'ble Court, which has been
disposed of vide judgment and order dated
25.11.2019.
While
disposing
of
the
aforesaid writ petition, the Hon'ble Court
has been pleased to direct the respondents
to decide the representation in accordance
with law within a period of three weeks in
terms of Circular dated 07.08.2019.

6. Learned counsel for the petitioners
Sri Mishra, has submitted that in pursuance
to order dated 25.11.2019, the petitioners
submitted a joint representation to the U.P.
Power Corporation Limited and the same
was rejected by the impugned order dated
20.03.2020 in an illegal and arbitrary
manner without considering the facts and
without application of mind.

7. Learned counsel for the petitioners
has submitted that the Managing Director
while passing the impugned order has
failed to consider the true import and
purport of the Circular issued by the Board
on 25.01.1979 and 18.08.1982 which interalia provides that acquiring educational
qualification while in service of UPPCL
without its permission is a misconduct. The
Managing Director also failed to consider
the import and purport of the letter dated
07.08.2019 issued by the opposite party no.
5 wherein it was clearly mentioned that the
Junior Engineers who have not submitted
the
attested
copies
of
educational
certificates and the permission letter/order
their name shall not be considered for
promotion under 8.33% quota. Further,
while rejecting the representation of the
petitioners, the Managing Director instead
of placing reliance on the letter dated
07.08.2019 has placed reliance on the
condition No. 17 of proforma attached with
the letter dated 07.08.2019 which indeed
also supports the case of the petitioners, in
as much as, the said condition was
mentioned in the proforma only in order to
consider
those
Junior
Engineers
for
promotion
to
the
post
of Assistant
Engineers under 8.33% quota who have
taken due permission from the department
for acquiring degree.

8. It has also been submitted by the
learned counsel for the petitioners that
while passing the impugned order, the
Managing Director has failed to consider
that the Circulars issued by the Board were
supplemental to the Regulations, 1970 as
the Regulations, 1970 are silent on the
issue of acquiring degree without the
permission of the Department. It is more
than well settled that if, the Rules of
Regulations are silent on some issues then
the same can be supplemented and
supplanted by the Government orders i.e.
Board Circulars in the case in hand. The
Managing Director while placing reliance
on
office
circular
dated
11.07.1996,
whereby
the
procedure
of
making
promotion was prescribed has recorded that
in the procedure nowhere it has been
provided that the Junior Engineers who
have not taken permission for obtaining
Engineering/A.M.I.E.
Degree
while
remaining in service cannot be promoted to
the post of Assistant Teacher under 8.33 %
quota but while giving the said finding has
failed to consider that the competent
authority i.e. the Apex Body of the
Corporation had already taken a decision
that obtaining an Engineering/A.M.I.E.
degree while remaining in service of the
corporation
without
obtaining
prior
1 All. Ashish Kumar Mishra & Anr. Vs. State of U.P. & Ors.
749
permission for undertaking such a course is
a misconduct. An act of commission or
omission constituting a misconduct cannot
at all form the edifice of eligibility for
promotion to a higher post.

9. It is submitted that the reason
assigned by the Managing Director in the
impugned order to the effect that Board
Circular dated 18.08.1982 does not puts a
bar for making promotion of Junior
Engineers who have acquired the degree
without the permission of the Department
is completely misconceived, in as much as,
the admission taken by a Government
Servant in an academic course without
prior permission of the competent authority
constitutes 'misconduct' and any person
who has committed 'misconduct' cannot be
awarded by promotion to higher post for
obtaining degree unauthorisedly.

10. In support of the arguments,
learned counsel for the petitioners Dr. L. P.
Mishra has relied upon the judgments of
Hon'ble the Apex Court in the cases
reported at (2013) 16 SCC 147 [Union of
India and another vs. Ashok Kumar
Aggarwal]; (2008) 4 SCC 171 [Dhananjay
Malik and others vs. State of Uttaranchal
and others]; (1998) 8 SCC 753 [State of
Orrisa and others vs. Mamtarani Sahoo and
another]; (1999) 7 SCC 84 [Paper Products
Ltd. vs. Commissioner of Central Excise];
and (2007) 2 SCC 326 [Commissioner of
Income Tax, Bhopal vs. Ralson Industries
Ltd.]

11. Per contra, the learned counsel
appearing on behalf of the respondents
vehementaly opposed the submissions
made by the learned counsel for the
petitioner and submitted that all private
respondents have obtained AMIE degree
(except opposite party no.10 who had
already obtained B.E. degree in the year
1993).
The
learned
counsel
further
submitted that for obtaining the AMIE
degree, there are no requirement for prior
permission from the higher authorities as
per the office order dated 19.12.1985. It is
submitted that the present writ petition filed
by the petitioners is nothing but sheer abuse
of the process of the law as the petitioners
have not come with clean hands before this
Hon'ble Court as they have not only
concealed the material information from
this Hon'ble Court but have deliberately
tried to mislead this Hon'ble Court by
showing
incorrect
and
misleading
documents.
The
private
respondents,
admittedly, have requisite qualification
required for being eligible for the selection
on the promotional posts of Assistant
Engineer and they all are senior to the
petitioners. They have been selected by the
Screening/Selection Committee. He has
referred the Office Order No.3293-NIX/FEB/85 dated 19.12.1985 by which no
requirement
of
any
permission
for
departmental employees for joining AMIE
Engineering Course. However, it was made
obligatory on the employee concerned only
to intimate / inform the Board/appointing
authority through his/her superior officer
about joining in A.M.I.E. Engineering
Course.

12. The learned Standing Counsel has
also submitted that all private respondents
in pursuance of the aforesaid office memo
dated
19.12.1985
had
already
informed/intimated
their
respective
appointing
authorities
through
their
superior officers about pursuing A.M.I.E.
Engineering Course, which has already
been forwarded by the superior authorities
to their higher authorities for necessary and
further action. The petitioners had done
B.E. (Part Time/Evening Classes) while in
750 INDIAN LAW REPORTS ALLAHABAD SERIES
the services of the respondent department.
For
doing
B.E.
(Part-Time/Evening
Classes), which is not a correspondence
course, therefore, it is required attendance
and therefore, permission of the employer
is mandatory. For the doing said regular
Engineering course, an employee has to
obtain permission from the authorities
concerned in terms of the Office Order
No.1717-N.G.-09
(A)/RA.VI.P./88-62-K85 dated 27.05.1988, whereby it was made
mandatory to obtain requisite permission
from the Authorities concerned for doing
B.E. (Part-Time/Evening Classes) course
but for the AMIE course, where there is no
requirement of attending regular classes, it
was only obligatory on the part of the
employee
to
intimate/inform
their
respective appointing authorities through
their superiors which in the present case
had
been
done
by
all
the
private
respondents.

13. It is also submitted that reliance of
the
petitioners
on
circulars
dated
07.08.2019 & 06.09.2019 (Annexure No.8
& 9 to the Writ Petition) is also totally
unwarranted and misconceived and there is
nothing in the said circular that suggest that
permission for doing AMIE course is
mandatory, whereas the said circulars were
issued to seek certain information and do
not lay down any mandatory guidelines,
thus, will have no impact on the position of
the private respondents. Such circulars can
not override the Office Order dated
19.12.1985 which were issued particularly
for a specific purpose whereby it had been
categorically provided that there was no
requirement
of
any
permission
for
departmental employees for joining AMIE
Engineering Course. It is further submitted
that there is no Rule or Regulation or Order
that the permission is required even for
appearing in A.M.I.E examinations and that
an employee who had not taken prior
permission shall not be eligible for
consideration for promotion on the Post of
Assistant Engineer against 8.33% quota.

14.

Learned
counsel
for
the
respondents has submitted that letter dated
20.05.2020 was issued only to collect the
information of disciplinary proceedings of
employees under 8.33% quota. Vide letter
dated 07.08.2019, it is evident that it was
only the information which the department
seeks from the employees. There was no
such arrangement made by the department
for those employees who have obtained
their degree without the permission by the
department will be deprived of promotion.
It has also been submitted that the
eligibility for promotion on the post of
Assistant Engineer against 8.33% quota has
been provided in the Regulations namely
U.P.S.E.B. Service Engineers Regulations
1970 as amended on 28.11.2014. There is
no rule or office order that permission was
required for appearing in the examination
of AMIE and that an employee who had not
taken permission shall not be eligible for
promotion on the post of Assistant
Engineer against 8.33% quota. All the
private respondents have granted the
certificate of clearing AMIE examination
and they appearing after giving prior
permission/intimation to their superior
officers/ competent authorities.

It is pertinent to mention that the
permission is only required for the
employees who have obtained the degree
from the courses where the attendance were
required for obtaining such degree i.e. B.E.
(Part Time/Evening Classes) but in the
course of AMIE, which is a correspondence
course,
no
attendance
is
required.
Therefore, the petitioner has failed to make
out any case for interference and thus, the
1 All. Ashish Kumar Mishra & Anr. Vs. State of U.P. & Ors.
751
present petition has no merit and it is liable
to be dismissed.

15. Pleadings have been completed by
way of counter affidavits and rejoinder
affidavits which are already on the record.

16. I have given our anxious
consideration to the submissions made by
the learned counsel for the parties and also
perused the pleadings on record.

17. The moot questions arose for
consideration in the present writ petition
are that -

i. Whether is it case of the petitioners
that private respondents have obtained
degree without obtaining the permission of
the competent authority as required ?

ii. Whether the Government can, by
way of administrative instructions, fill up
the gaps and supplement the Rules and
issue instructions not in consistent with the
Rules already framed, if Rules are silent on
any particular point ?

iii. Whether in the case of the private
respondents who have been admittedly
obtained AMIE Degree, which is a
correspondence course and in that case,
prior permission is required or not ?

18. For the proper adjudication of the
instant writ petition, the Court has to
examine the Circulars of the Government
issued from time to time. The respondents
have relied on the office order No.3293-NIX/FEB/85
dated
19.12.1985
which
provides that prior permission is not
required when the employee obtained the
engineering degree from the course of
AMIE. For ready reference, the office
order dated 19.12.1985 is reproduced as
under :

UTTAR
PRADESH
STATE
ELECTRICITY BOARD

"SHAKTI BHAWAN", 14-ASHOK
MARG, LUCKNOW

No.3293-N-IX(A)/FEB/85
Date:
Dec,19,1985
All General Managers/Chief Engineers/
Chief
Zoal
Engineers/Addl.
Chief
Engineers/
Chief Project Managers,
U.P.State Electricity Board,

SUBJECT:
Permission
for
joining
BE/AMIE

 Engineering Degree course in case
of

 departmental employees.

Sir,

Kindly refer Board's letter No.
632-K-IX(A)/SEB/85, dated

14-2-1985 on the subject mentioned
above.

On
re-consideration
Board
have
decided to withdraw the above order (in
part) only to the extent that no restrictions
shall be imposed on Field Authorities in
granting permission for joining AMIE
Engineering Course to the departmental
employees.

It will be obligatory on the employee
concerned to intimate the Board/appointing
authority through his superior officer about
his joining AMIE Engineering course.

Orders in R.O.No. 632-K-IX(A)-
SEB/85,
dt.
14-2-85
in
respect
of
permission for admission to B.E. Degree
course shall, however, stand without any
change.

I am directed to say that necessary
action in the matter may kindly be taken
accordingly.
752 INDIAN LAW REPORTS ALLAHABAD SERIES

Yours Faithfully,

Sd/- illegible

( O.P.Gupta)

JOINT SECRETARY

No.3293(1)K-IX(A)/SEB/85 of date.

Copy forwarded to all Superintending
Engineers, U.P.State Electricity Board, with
reference to Board's Letter No. 632-KIX(A)/SEB/85,
dt.
14-2-1985
for
information and necessary action.

By Order,

Sd/- illegible

(O.P.Gupta)

JOINT SECRETARY

19. The other important Circular is of
dated 27.05.1988, which is quoted as under
:

ch0 bZ0 v/;;u gsrq vuqefr dk fu;e

fnukad% ebZ 27]1988

la0 1717 ,u- th-&09 1⁄4v1⁄2 @jk- fo- i-
@88&62&ds @85

 dk;kZy; Kki

ifj"kn esa dk;Zjr deZpkfj;ksa dks ch0bZ0 1⁄4ikVZ
Vkbe1⁄2 ds v/;;u djus gsrq iwoZ esa fuxZr fd;s x;s
lHkh vkns'kksa dk vfrdze.k djrs gq, lE;d
fopkjksijkUr ifj"kn lg"kZ vkns'k nsrs gaS fd vc ls
vjktif=r deZpkfj;ksa dks ch0bZ01⁄4ikVZ Vkbe1⁄2 ds
v/;;u gsrq vuqefr dsoy eq[; vfHk;Urk 1⁄4ty fo|qr1⁄2
m0 iz0 jkT; fo|qr ifj"kn] y[kuÅ }kjk v/kksfyf[kr
izfrcU/kksa ds lkFk iznku dh tk,xh%&

1⁄411⁄2 ,d f'k{kk l= esa mi;qZDr vuqefr fdlh
dk;kZy; esa dk;Zjr deZpkfj;ksa dh dqy la[;k ds 10
izfr'kr ls vf/kd deZpkfj;ksa dks vuqeU; ugha gksxhA

1⁄421⁄2 ;fn vuqefr iznku djus ds mijkUr ,slk
izrhr gksrk gS fd ftl deZpkjh dks mDr vuqefr
iznku dh xbZ gS mlls mlds dk;Z esa f'kfFkyrk vk
xbZ gS ;k mlds dk;Z lEiknu esa gkl mRiUu gks x;k
gS vFkok mDr vuqefr nsuk ifj"knh; fgr esa ugha gS]
rks fdlh Hkh le; fcuk fdlh iwoZ lwpuk ds mldh
vuqefr fujLr dh tk ldsxhA

1⁄431⁄2 dsoy mu deZpkfj;ksa dks v/;;u dh
vuqefr iznku fd;s tkus ij fopkj fd;k tk,xk tks
izs"k.k@forj.k {ks= ds vUrxZr ,d gh LFkku ij 3 o"kZ
ls de rFkk rki@ty fo|qr ifj;kstukvksa ij 5 o"kZ
ls de le; ls dk;Zjr gksaA bl vof/k ls vf/kd
mDr fo'ks"k LFkku ij dk;Zjr deZpkfj;ksa dks v/;;u
dh vuqefr iznku ugha dh tk;sxhA

1⁄441⁄2 deZpkjh dks v/;;u dh vuqefr dsoy
mruh gh vof/k ds fy, nh tk,xh ftruh vof/k ml
ikB~;dze fo'ks"k ds fy, fu/kkZfjr gSA vifjgk;Z dkj.kksa
ls 1⁄4ftldk iwoZ fooj.k miyC/k djkuk vko';d gksxk1⁄2
fo'ks"k ifjfLFkfr esa ek= ,d ikB~;dze rd bls c<+k;k
tk ldrk gSA blls vf/kd dh vuqefr ugha nh
tk,xhA

1⁄451⁄2 v/;;u dh vuqefr izkIr djus gsrq
deZpkfj;ksa
ds
izkFkZuk&i=
,oa
opu&i=
(Undertaking) fu/kkZfjr izi= ij 1⁄4layXud&11⁄2
lEcfU/kr {ks=h; vf/kdjh }kjk viuh laLrqfr ds lkFk
vkxkeh dk;Zokgh gsrq eq[; vfHk;Urk 1⁄4ty fo|qr1⁄2 dks
izsf"kr fd;s tk,axsA

1⁄461⁄2 fu/kkZfjr izi= ij vuqefr izkIr djus ds
izLrko l= vkjEHk gksus dh fnukad ls de ls de 60
fnu iwoZ eq[; vfHk;Urk 1⁄4ty fo|qr1⁄2 dks vo';
miyC/k gks tkus pkfg,A

1⁄471⁄2 deZpkjh dks ,d ikB~;o"kZ ds fy, v/;;u
dh vuqefr iznku dj fn;s tkus ds ckn vxys
ikB~;o"kZ ds fy, iqu% vuqefr izkIr gks tkus ds mijkUr
gh v/;;u tkjh fd;k tk ldrk gSA

1⁄481⁄2 vuqefr ds uohuhdj.k ds ekeys eq[;
vfHk;Urk 1⁄4ty fo|qr1⁄2 dks izsf"kr djrs le; deZpkjh
dh fiNys l= ds vad&i= (Marks-sheet) dh izekf.kr
QksVks&izfrfyfi Hkh miyC/k djkuk vfuok;Z gksxkA

1⁄491⁄2 ,sls deZpkjh tks oh0bZ0 1⁄4ikVZ Vkbe1⁄2 dh
lqfo/kk iznku djus okys laLFkku ds uxj ls fdlh
vU; uxj esa rSukr gS] rFkk mUgksaus ifj"kn esa rhu o"kZ
dh fu;fer lsok iw.kZ dj yh gS] ;fn mUgsa fdlh
laLFkku esa v/;;u gsrq izos'k lqfuf'pr gks tkrk gS rks
oSlh fLFkfr esa vU; vkSipkfjdrkvksa ds iw.kZ gksus ij
bu deZpkfj;ksa dks ikVZ Vkbe v/;;u dh vuqefr
iznku fd;s tkus esa dksbZ vkifRr ugha gsxh fdUrq
izfrcU/k ;g gksxk fd v/;;u ds mÌs'; gsrq bu
deZpkfj;ksa ds LFkkukUrj.k ij dksbZ fopkj ugha fd;k
tk;sxk cfYd mUgsa foRrh; gLr&iqfLrdk Hkkx 1⁄421⁄2]
[k.M 2 ls 4 ds ewy fu;e 84 rFkk lgk;d fu;e
146 1⁄4,1⁄2 1⁄4layXud&21⁄2 ds vUrxZr fcuk osru ds
v/;;u vodk'k dk miHkksx djrs gq, v/;;u iw.kZ
djuk gksxkA deZpkjh ls bl vk'k; ds lgefr i=
izkIr gks tkus ij gh mUgs vuqefr iznku fd;s tkus ij
fopkj fd;k tk ldsxkA

1⁄4101⁄2,sls deZpkjh tks0 ch0bZ0 1⁄4ikVZ Vkbe1⁄2 ds
v/;;u dh lqfo/kk iznku djus okys laLFkku ds uxj
1 All. Ashish Kumar Mishra & Anr. Vs. State of U.P. & Ors.
753
esa gh rSukr gSa vkSj mUgsa ,d ikB~;l= ds fy, vuqefr
iznku dh tk pqdh gS] LFkkukUrfjr gksus ij muds
LFkkukUrj.k dks bl vk/kkj ij jksds tkus ij dksbZ
fopkj ugha fd;k tk,xk fd os ,d ikB~;&l= iwjk
dj pqds gSa vkSj 'ks"k ikB~;&l= mUgs iwjs djus gSA
nwljs rFkk vuqorhZ ikB~;&l=ksa dks iwjk djus dh
vuqefr mUgsa bl izfrcU/k ds lkFk nh tk ldrh gS fd
os mijksDr izLrj 1⁄491⁄2 esa n'kkZ;h xbZ fLFkfr ds vuqlkj
v/;;u vodk'k dks Lohd`r djkdj ikB~;&l= iwjk
djsaA

2- iwoZ esa ifj"kn }kjk ftu deZpkfj;ksa dks ch0
bZ0 1⁄4ikVZ Vkbe1⁄2 ds v/;;u gsrq vuqefr iznku dh tk
pqd gS] mUgsa vxys ikB~;&l= esa v/;;u gsrq ;fn
vuqefr ds uohuhdj.k dh vko';drk gksrh gS rks ,sls
ekeys Hkh mijksDr izfrcU/kksa ds lkFk eq[; vfHk;Urk
1⁄4ty fo|qr1⁄2 }kjk gh fuLrkfjr fd, tk,axsA

lnL; lfpo

vuqyXud&1

20. The Circular dated 07.08.2019 of
the U.P. Power Corporation Limited is
quoted as under :

dk;kZy; eq[; vfHk;Urk 1⁄4gkbfMay1⁄2

m0 iz0 ikoj dkjiksjs'ku fy0

r`rh; ry] 'kfDr Hkou foLrkj

14& v'kksd ekxZ] y[kuÅA

nwjHkk"k
%
0522&2288656
bZesy%
cehydelpcl@gmail.com QSDl% 0522&2288655

la[;k 564&vuq0&izFke@2019 fnukad 07 vxLr
2019

fo"k;% fu;fer ch0bZ0@,0 ,e0 vkbZ0 bZ0
fMxzh/kkjh voj vfHk;ark 1⁄4fo0 ,oa ;ka0@flfoy1⁄2 ls
lgk;d vfHk;Urk 1⁄4fo0 ,oa ;ka0@flfoy1⁄2 in ij
izksUufr ds lEcU/k esa okafNr ch0 bZ0@,0 ,e0 vkbZ0
bZ0 fMxzh miyC/k djkus tkus ds lEcU/k esaA

1- izcU/k funs'kd]

iwokZUpy@if'pekapy@e/;kapy@nf{k.kkapy@ds
Ldks]
fo0
fo0
fu0
fy0
okjk.klh@esjB@y[kuÅ@vkxjk@dkuiqjA

2- funs'kd 1⁄4dk0 iz0 ,oa iz'kk01⁄2 m0 iz0 ikoj
Vakalfe'ku] dkjiksjs'ku fy0 y[kuÅA

3-
leLr
dkjiksjsV
dk;kZy;
1⁄4eq[;
vfHk;ark&iwtk ,oa ys[kk1⁄2] fu;kstu] ih0 ih0 ,0] bZ0
Vh0 vkbZ0] fo|qr lsok vk;ksx] tkWp lfefr lh0 ,e0
;w0 Mh0] jsLiks lkexzh izcU/k dEI;qVjkbZts'ku ;wfuV]
ijh{k.k vfHk;Urk 1⁄4tkuin1⁄2 eq[;ky;] la;qDr lfpo
iz'kkluA

d`i;k mijksDr fo"k;d ds lEcU/k esa voxr
djkuk gS fd voj vfHk;Urk 1⁄4oh0 ,oa ;ka0@flfoy1⁄2
dk fudV Hkfo"; esa lgk;d vfHk;Urk 1⁄4oh0 ,oa
;ka0@flfoy1⁄2 ds in ij izksUufr gsrq fopkfjr fd;k
tkuk gSA

vr% vuqjks/k gS fd d`i;k ,sls voj vfHk;arkvksa
tks 8-33 izfr'kr dksVs ds vUrxZr izksUufr dk fodYi
pkgrs gS] muds vkosnu fu/kkZfjr layXu izk:i
1⁄4Nk;kizfr
layXu1⁄2
esa
gkbZLdwy@b.VjehfM,V@fMIyksek@ fMxzh vadi= ,oa
vuqefr i=@Kki vkfn dh lR;kfir izfr ds lkFk
vius fu;a=d vf/kdkjh@l{ke vf/kdkjh ds ek/;e ls
bl dk;kZy; dks miyC/k djk;s tkus gsrq lEcfU/kr
vf/kdkjh dks vius Lrj ls funsZf'kr djus dk d"V
djasA

mDr ds lEcU/k esa lwpuh; gS fd ftu voj
vfHk;arkvksa us iwoZ esa 8-33 izfr'kr dksVs dk fodYi ds
vUrxZr viuh fMxzh bl dk;kZy; dks miyC/k djk;h
gS] os fu/kkZfjr izk:i ij ugh gSA rFkk muds lkFk
mDr vfHkys[kksa dh lR;kfir izfr;kW Hkh layXu ugh gS]
ftUgsa inksUufr gsrq fopkfjr fd;k tkuk fu;ekuqdwy
ugh gksxkA vr% iwoZ esa ftu voj vfHk;arkvksa us 8-33
izfr'kr dksVs dk fodYi ds vUrxZr viuh fMxzh bl
dk;kZy; dks miyC/k djk;h gS os fu/kkZfjr izk:i ij
leLr layXuksa lfgr iqu% bl dk;kZy; dks miyC/k
djk;saA

^^mYys[kuh; gS fd nwjLFk f'k{kk ds ek/;e ls
izkIr fMxzh ekU; ugh gSA**

mDr ds vfrfjDr ;g Hkh vuqjks/k gS fd d`i;k
vius fMLdke esa dk;Zjr ,sls voj vfHk;ark tks
fodykax dksVs ds vUrxZr 40% ,oa 8-33% {kSfrt dksVs esa
izksUufr gsrq bPNqd gS rFkk 10 o"kZ dh vgZdkjh lsok
iw.kZ dj pqds gksA muds fu/kkZfjr fodykaxrk izek.k i=
rFkk fMxzh rFkk vad i= dh lR;kfir izfrfyfi ds
lkFk lkFk bl ckr dk izek.k i= Hkh miyC/k djkuk
lqfuf'pr djsa fd vki ds }kjk lwfpr fodykaxtu ds
vykok vkids fMLdke esa vU; dksbZ Hkh voj vfHk;ark
fodykaxtu dksVs ds vUrxZr izksUUkfr gsrq bPNqd ugh
gSA mYys[kuh; gS fd m0 iz0 ik0 dk0 fy0 ds Kki
la[;k&1238&ikdkfy@jkfoi&28@101⁄421⁄2ia0,.Mvkj0&
28@idkfy@01&Vh0 lh0&01 fnukad 16-05-2012 ds
vuqlkj fodykaxtu izek.k i= tkjh djus ds fy,
jkT; ljdkj }kjk fof/kor :i ls xfBr esfMdy cksMZ
l{ke izkf/kdkjh gSA

layXu%& ;Fkk mijksDrA

1⁄4mes'k flag ;kno1⁄2

oS;fDrd lgk;d&iape
754 INDIAN LAW REPORTS ALLAHABAD SERIES

d`rs eq[; vfHk;ark 1⁄4gkbfMay1⁄2

l0 vuq0&izFke@rn~fnukad% vxLr 2019

izfrfyfi fuEufyf[kr dks lwpukFkZ ,oa vko';d
dk;Zokgh gsrq izsf"kr%&

1- funs'kd 1⁄4dk0 izca0 ,oa iz'kk01⁄2] m0 iz0
ikdkfy] 'kfDr Hkou] y[kuÅA

2- m0 iz0 jkT; fo|qr mRiknu fuxe fy0@m0
iz0 jkT; ty

fo|qr fuxe fy0 dks bl vk'k; ls dh vius
fuxeksa esa izfrfu;qDr ij rSukr m0 iz0 ikoj
dkjiksjs'ku fy0 ds voj vfHk;arkvksa ds laca/k esa okafNr
lwpuk rRdky voxr djkus dk d"V djsaA

3- vf/k'kklh vfHk;Urk 1⁄4osc1⁄2] m0 iz0 ikoj
dkjiksjs'ku fy0 'kfDr Hkou foLrkj] y[kuÅ dks bl
vk'k; ds izsf"kr gS fd bls dkjiksjs'ku dh osclkbV ij
viyksM djuk lqfuf'pe djasA

g0 viBuh;

07-08-19

1⁄4mes'k flag ;kno1⁄2

oS;fDrd lgk;d&iape

d`rs eq[; vfHk;ark 1⁄4gkbfMay1⁄2

21. The other circular is of dated
06.09.2019, which on reproduction reads as
under :

dk;kZy; eq[; vfHk;Urk 1⁄4gkbfMay1⁄2

m0 iz0 ikoj dkjiksjs'ku fy0

r`rh; ry] 'kfDr Hkou foLrkj

14& v'kksd ekxZ] y[kuÅA

nwjHkk"k
%
0522&2288656
bZesy%
cehydelpcl@gmail.com QSDl% 0522&2288655

la[;k 717&vuq0&izFke@2019 fnukad 06
flrEcj 2019

fo"k;% fu;fer ch0bZ0@,0,e0vkbZ0bZ0 fMxzh/kkjh voj
vfHk;ark 1⁄4fo0 ,oa ;ka0@flfoy1⁄2 ls lgk;d vfHk;Urk
1⁄4fo0 ,oa ;ka0@flfoy1⁄2 in ij izksUufr ds lEcU/k esa
okafNr ch0 bZ0@,0 ,e0 vkbZ0 bZ0 fMxzh miyC/k
djkus tkus ds lEcU/k esaA

bZ&esy

1- izcU/k funs'kd]

iwokZapy@if'pekapy@e/;kapy@nf{k.kkapy@dsL
dks] fo0 fo0 fu0 fy0A

okjk.klh@esjB@y[kuÅ@vkxjk@dkuiqjA

2- funs'kd 1⁄4dk0 iz0 ,oa iz'kk01⁄2 m0 iz0 ikoj
Vakalfe'ku] dkjiksjs'ku fy0 y[kuÅA

3-
leLr
dkjiksjsV
dk;kZy;
1⁄4eq[;
vfHk;ark&iwtk ,oa ys[kk1⁄2] fu;kstu] ih0 ih0 ,0]

bZ0 Vh0 vkbZ0] fo|qr lsok vk;ksx] tkWp lfefr
lh0 ,e0 ;w0 Mh0] jsLiks lkexzh izcU/k dEI;wVjkbZts'ku
;wfuV] v/kh{k.k vfHk;Urk 1⁄4tkuin1⁄2 eq[;ky;] la;qDr
lfpo iz'kkluA

d`i;k mijksDr fo"k; bl dk;kZy; ds i=
la[;k&564@vuq0&izFke fnukad 07-08-2019 dk lUnHkZ
xzg.k djus dk d"V djs ftlds }kjk ,sls voj
vfHk;Urk tks 8-33 izfr'kr dksVs ds vUrxZr izksUufr dk
fodYi pkgrs gS] muds vkosnu fu/kkZfjr layXu izk:i
1⁄4Nk;k
izfr
layXu1⁄2
esa
gkbZLdwy@b.VjehfM,V@fMIyksek@fMxzh vadi= ,oa
vuqefr i=@Kki vkfn dh lR;kfir izfr ds lkFk
vius fu;a=d vf/kdkjh@l{ke vf/kdkjh ds ek/;e ls
bl dk;kZy; dks miyC/k djk;s tkus gsrq lEcfU/kr
vf/kdkjh dks vius Lrj ls funsZf'kr djus gsrq vuqjks/k
fd;k x;k FkkA

vfHkys[kksa ds ijh{k.kksijkar voxr djkuk gS fd
lEcfU/kr voj vfHk;arkvksa ds tks vfHkys[k izsf"kr fd;s
tk jgs gS mlesa fMxzh gsrq foHkkx ls izkIr vuqefr&i=
layXu ugh gSA

vr% vuqjks/k gS fd d`i;k lEcfU/kr voj
vfHk;arkvksa ds fMxzh gsrq foHkkx ls izkIr vuqefr&i=
dh lR;kfir izfrfyfi bl dk;kZy; dks miyC/k djkus
gsrq lEcfU/kr dks funsZf'kr djus dk d"V djasA

layXu%& ;Fkk mijksDrA

1⁄4mes'k flag ;kno1⁄2

oS;fDrd lgk;d&iape

d`rs eq[; vfHk;ark 1⁄4gkbfMay1⁄2

l0&717&vuq0&izFke@rn~ fnukad% 06 flrEcj
2019

izfrfyfi fuEufyf[kr dks lwpukFkZ ,oa vko';d
dk;Zokgh gsrq izsf"kr%&

1- funs'kd 1⁄4dk0 izca0 ,oa iz'kk01⁄2] m0 iz0
ikdkfy] 'kfDr Hkou] y[kuÅA

2- m0 iz0 jkT; fo|qr fy0@m0 iz0 jkT; ty
fo|qr fuxe fy0 dks bl vk'k; ls dh vius fuxeksa esa
izfrfu;qDr ij rSukr m0 iz0 ikoj dkjiksjs'ku fy0 ds
1 All. Ashish Kumar Mishra & Anr. Vs. State of U.P. & Ors.
755
voj vfHk;arkvksa ds laca/k esa okafNr lwpuk rRdky
voxr djkus dk d"V djsaA

3- vf/k'kklh vfHk;Urk 1⁄4osc1⁄2] m0 iz0 ikoj
dkjiksjs'ku fy0 'kfDr Hkou foLrkj] y[kuÅ dks bl
vk'k; ds izsf"kr gS fd bls dkjiksjs'ku dh osclkbV ij
viyksM djuk lqfuf'pr djasA

g0 viBuh;

06-09-19

1⁄4mes'k flag ;kno1⁄2

oS;fDrd lgk;d&iape

d`rs eq[; vfHk;ark 1⁄4gkbfMay1⁄2

22. By means of the present petition,
the petitioners pray for issuance of a writ,
order or direction in the nature of certiorari
quashing the order dated 20.03.2020 passed
by the respondent no.4 and also issuance of
a direction in the nature of certiorari
quashing the list dated 27.05.2020 issued
by the opposite party no.6. It is further
prayed for a mandamus commanding the
respondents to promote the petitioner as per
Regulation 5(1)(d) of the ''Regulations
1970' under 8.33% quota in terms of the
circular dated 07.08.2019.

23. A specific averments have been
made in the writ petition and the learned
counsel appearing on behalf of the
petitioners has vehemently submitted that
the private respondents have acquired the
B.Tech./AMIE Degree without taking due
permission from the department, thus,
forwarding of their names by the Screening
Committee, are illegal and contrary to
Regulation 5(1)(d) of the ''Regulations
1970'.

24. The petitioners represented their
case before the competent authority in
pursuance to order dated 21.11.2019
passed by a coordinate Bench of this
Court in Writ Petition Service Single
No.32367
of
2019.
The
competent
authority, after considering the case of the
petitioners has passed the order, which is
impugned in this petition. The relevant
portion is quoted as under:

"mDr vkns'kksa ds n`f"Vxr] vki }kjk ,d
la;qDr izR;kosnu fnukad 29-11-2019 izLrqr fd;k
x;k] ftlesa ewy :i ls fuEukafdr fcUnqvksa dk
mYys[k djrs gq;s] ;g vuqjks/k fd;k x;k gS fd ,sls
voj vfHk;Urkvksa dks ftUgksusa fcuk foHkkx dh
vuqefr izkIr fd;s f'k{kk xzg.k dh gS] dks inksUufr
izfdz;k ls ckgj fd;k tk,%&

eq[; vfHk;Urk ty fo|qr ds dk;kZy; i=kad
la[;k 564&vuq0&izFke@2019] fnukad 07-08-2019
}kjk tkjh i= esa 8-33% dksVs ds vUrxZr izksUufr gsrq
ekaxs x;s vkosnu esa Li"V :i ls mYys[k fd;k x;k
Fkk fd fMxzh /kkjh voj vfHk;Urkvksa dks vius leLr
izek.k i=ksa ds lkFk mPp f'k{kk gsrq foHkkx }kjk
tkjh vuqefr i= dh lR;kfir izfr layXu djuk
vko';d gS ,oa fcuk vuqefr i= ds vkosnu djus
okys vkosndksa ds vkosnuksa ij izksUufr gsrq fopkj
djuk fu;ekuqdwy ugha gksxkA

4- mDr ds vfrfjDr] foHkkxh; dkfeZdksa dh
izksUufr gsrq fu/kkZfjr dh x;h izFke izfdz;k ls
lEcfU/kr dk;kZy; Kki la[;k&1327] fnukad 11-071996 esa Hkh dgh ;g O;oLFkk ugha gS fd ;fn fdlh
lsod }kjk fcuk foHkkxh; vuqefr fy;s mPp f'k{kk
izkIr dh tkrh gS rks mls foHkkxh; izksUufr esa bl
f'k{kk ls gksus okys fdlh ykHk ls oafpr j[kk
tk;sxkA