- (1.) There are two sources of promotion from the post of Clerk to Assistant. Graduates with two years experience are eligible for promotion whereas undergraduates require five years experience to their credit, both subject to availability of regular vacancies. The petitioner was reverted from the post of Assistant by order dated November 23, 2015 by the Registrar of the University for obtaining using a degree from a study centre of an unrecognized University being the Eastern Institute of Integrated Learning in Management University, Jorethang, District Namchi, Sikkim which University was not granted any permission/approval by the UGC, New Delhi to establish any off Campus Centre(s)/Study Centre(s)/Off-shore Centre(s) as intimated by the Under Secretary, University Grants Commission, New Delhi vide their No.F.5-1/2015 (CPP-I/PU) dated 09.09.2015 to the employer.
(2.) Mr. Maanipur no longer disputes the degree being not recognized and of no use for purposes of promotion. However, it is his case that despite reversion his claim should have been considered as an undergraduate with five years experience, which attributes he has earned and possesses. The petitioner belongs to the reserve category of scheduled caste. A junior namely, Surender Kumar, Clerk then posted to RDS Seed Farm belonging to the same reserved category was promoted as Assistant vide order dated September 12, 2013 from the category of undergraduate with 5 years experience, which establishes that there was a clear vacancy available for promotion and because person junior to him has been promoted as Assistant, the petitioner has a demonstrable right to be considered for promotion from that date. It is not a disputed fact that Surender Kumar was junior to the petitioner in the cadre of Clerks.
(3.) Quite apparently, the petitioner has a case, not against the impugned reversion order dated November 23, 2015, but for consideration for promotion as Assistant with effect from the date Surender Kumar was promoted as an Assistant on September 12, 2013 from under-graduate feeder source. It may be noted that the petitioner had been promoted as an Assistant on March 04, 2013 which promotion has been withdrawn by the impugned order when it was discovered that his degree was not recognised rendering him ineligible for promotion from graduate clerks.;