DEVENDRA KUMAR ARORA, J. - (1.) NOTICE on behalf of opposite parties no. 1 and 2 has been accepted by the learned Chief Chief Standing Counsel. Sri Rajnish Kumar, Advocate has put in appearance on behalf of opposite party no. 3.
(2.) I have heard learned counsel for parties and perused the record.
(3.) BY means of present writ petition, the petitioner is seeking a writ in the nature of mandamus for commanding the opposite parties to incorporate the petitioner's name as per his seniority at appropriate place in the eligibility list drawn for filling up 10% of vacancies of the quota reserved in the Rules 5 (2) (as amended on 4th July, 2003) for consideration for promotion from Group "C" post to the post of junior Engineer (Civil) and consider his candidature as per the provisions of U.P. Irrigation Department Civil Engineer (Subordinate) Service Rules, 1992 as amended Rules 2003 with all admissible consequential benefits. The submission of learned counsel for the petitioner is that petitioner has acquired? his eligibility qualification from the Institute of Advanced Studies in Education Deemed University, Sardarshahar, Rajasthan in the year 2009 and his case is not being considered on the ground that the Diploma granted by the said University is not recognized. Further submission of learned counsel for the petitioner is that the status of the University has been examined by the Rajasthan High Court in Writ Petition No. 5372 of 2008 (Institute of Advanced Studies in Education, (Deemed University), Gandhi Vidya mandir, Sardarshahar, Churu,Rajasthan vs. the Union of India and others). The Hon. Rajasthan High Court by means of order dated 15.09.2008 permitted the institute to give admission to the students in the course which are already running from the year 2007 -08 as per their approval and no admission shall be granted without approval of the respondents in new courses.;