1 S.B. Civil Writ Petition No.721/2009 Dilip Kumar Tawar. vs. State and another. Date : 26.3.2010 HON'BLE MR. PRAKASH TATIA, J. Mr.MR Singhvi a/w Mr.Sunil Bhandari, for the petitioner. Mr.Vimal Mathur, for the respondents. - - - - - Heard learned counsel for the parties. The petitioner who was initially diploma holder in civil engineering obtained AMIE certificate in mechanical engineering which is equivalent to degree and in view of his obtaining degree in mechanical engineering, sought his transposition from civil engineering stream of employment to the stream of mechanical engineering degree holder. The contention of the petitioner is that the respondents themselves by an order dated 17.2.2003 permitted the petitioner to obtain degree from AMIE and the petitioner was permitted along with six other persons to obtain this AMIE certificate course equivalent to degree course. The petitioner's name is at S.No.4. It is submitted that another person Dinesh Kumar Sharma whose name is at S.No.1 in this order dated 17.2.2003 also preferred writ petition before this Court which is SBCWP No.2349/2005 and that writ petition was 2 allowed by the order dated 13.3.2008 and directions have been issued to the respondents to allow the transfer of said Dinesh Kumar Sharma from civil to mechanical stream. Learned counsel for the respondents submitted that in fact, the recognition of the degree obtained from AMIE course was withdrawn by the State Government vide Annexure-R/1 dated 15.7.2003. The petitioner submitted rejoinder and placed on record the Government order dated 30.10.2000 which is the actual order and whereby only recognition of diploma granted by AMIE has been withdrawn and degree has not been withdrawn. It is also submitted that after the judgment of this Court in Dinesh Kumar Sharma's case (supra), the respondents have complied with the order of this Court which is proved from Annex.8. I considered the submissions of learned counsel for the parties and perused the facts of the case. It is clear from the order dated 30.10.2000 (Annex.14) placed on record by the petitioner along with the rejoinder that only recognition of diploma in mechanical engineering given by AMIE has been withdrawn and that of degree has not been withdrawn. Rest of the issues have already been 3 considered in detail in the judgment delivered in Dinesh Kumar Sharma's case (supra). In view of the above, this writ petition is allowed, the order dated 6.1.2009 (Annex.10) is quashed and set aside and the respondents are issued the same directions as were issued in the case of Dinesh Kumar Sharma (supra) namely, the respondents are directed to allow the transfer of the petitioner from civil stream to mechanical stream. The case of the transfer of the petitioner would be governed and be treated in same manner as of similarly situated persons. However, it would be open for the respondents to take actions in the matter if they intend to disallow the transfer to employees from one stream to another. It is made clear that if such action is taken, then it may be first initiated in regard to all those employees who were permitted such transfers from one stream to another and in that case, the petitioner may also be dealt similarly. (PRAKASH TATIA), J. S.Phophaliya