N. Paul Vasanthakumar, C.J.These appeals are filed against the orders dated 06.12.2012, 27.12.2012, 20.12.2012, 27.12.2012 and 03.03.2014 made in SWP Nos. 1635/2010, 491/2011, 416/2011, 931/2011 and 630/2014 by the State as well as the Director General of Police and others, challenging the orders passed by the learned Single Judge allowing the writ petitions filed by the writ petitioners praying to quash the selection of selected candidates and for directing the appellants to select and issue appointment orders in favour of the writ petitioners, by taking into account their Diploma certificates.

2. The case of the writ petitioners before the learned Single Judge was that the petitioners after passing 10+2 also completed Diploma in System Management from Royal Polytechnic College at Gojgi Bagh, Srinagar, which is an institute recognised by the State of Jammu and Kashmir and they are possessing Diploma certificates and as per the notification issued and the norms fixed for selection, a person possessing degree/diploma of minimum one year duration from any University or College recognised by UGC/Government I.T.I or Government Institution is entitled to get 2 marks in the selection and all the petitioners were not awarded 2 marks for their additional qualification by the Selection Committee on the ground that the said Royal Polytechnic College, Gogji Bagh, Srinagar is not recognised by the University Grants Commission or the Government of Jammu and Kashmir.

3. The learned Single Judge gave a finding that the Royal Polytechnic College is recognised by the Government of J&K, affiliated to the State Board of Technical Education and is approved by All India Council for Technical Education and the course being conducted for 400 hours imparting technical skill value added programme which is based on needs of local community, the writ petitioners are entitled to get 2 marks for possessing the said diploma certificate and consequently directed the appellants herein to consider the Diploma certificate of the writ petitioners as valid and award them 2 marks and thereafter to consider their cases for selection and appointment to the post of Constable within a period of six weeks if they are coming within the cut off marks for selection in their respective categories.

4. Mr. B.A. Dar, learned AAG, argued that the diploma certificates possessed by the writ petitioners having not been recognised/approved by the Government of Jammu and Kashmir, the learned Single Judge was not right in allowing the writ petitions.

5. Learned counsels appearing for the respondents- writ petitioners, on the other hand, supported the order of the learned Single Judge and submitted that based on the supplementary affidavit filed by the Secretary, State Board of Technical Education and the consent given by the learned counsel who appeared for the appellants before the Writ Court, the learned Single Judge passed the order, hence there is no illegality in the order of the learned Single Judge especially when the order was passed by consent.

6. We have considered the rival submissions of learned counsel appearing for the parties.

7. The point in issue is as to whether one year diploma certificates possessed by the writ petitioners are valid for awarding 2 marks for possessing the additional qualification.

8. It is seen from the records that the learned Single Judge while deciding the matter, considering the objection raised by the appellants/State and others, who were respondents before the learned Single Judge, on 06.06.2012 directed the Director of Technical Education J&K, to file a supplementary affidavit to indicate as to whether the diploma certificate possessed by the writ petitioners are valid and recognised. Again the learned Single Judge by order dated 04.07.2012 directed the Director of Technical Education J&K and the Secretary, State Board of Technical Education to file affidavits clarifying the position in terms of order dated 06.06.2012 and pursuant to the said directions issued supplementary affidavit was filed by the Secretary, J&K State Board of technical Education on 28.09.2012, stating that all the Government/private Polytechnic Colleges are conducting short term courses of various trades for different durations for providing skill oriented programs for unemployed youth for providing skill oriented know-how for their livelihood under various schemes. It is also stated in the affidavit that Royal Polytechnic College, Srinagar is recognised by the Government of J&K, affiliated to the State Board of Technical Education and is approved by All India Council for Technical Education, New Delhi. It is further stated that the courses conducted and the certificate issued by the Royal Polytechnic College, Srinagar, namely, diploma possessed by the writ petitioners, are valid and recognised.

9. It is also relevant to consider at this juncture that considering the said stand of the Secretary, State Board of Technical Education as well as the Director Technical Education, the learned counsel who appeared for the appellants before the learned Single Judge stated that writ petitioners are entitled to award of 2 marks. The said stand having been taken by the learned counsel appearing for the appellants before the learned Single judge, the appellants are not justified in filing these appeals challenging the orders of the learned Single Judge.

10. It is well settled law that an order passed by consent cannot be allowed to be challenged in appeal in terms of judgment of Honble the Supreme Court reported in (2013) 10 SCC 308 (Himachal Pradesh Scheduled Tribes Employees Federation and anr. v. Himachal Pradesh Samayana Varg Karamchari Kalayan Mahasangh and ors.).

11. On merits also, as rightly contended by learned counsel for the private contesting respondents/writ petitioners, the Secretary, State Board of Technical Education having taken a stand before this Court that the diploma certificate possessed by the writ petitioners are valid for award of 2 marks, who is the competent authority to decide the validity of the diploma certificates, the appellants are not justified in agitating further instead of complying with the orders issued.

12. In such circumstances, the appeals filed by the appellants are not maintainable as consent was given before the learned Single Judge for passing such orders and on merits, in the light of the stand taken by the 4th appellant as well as by the Secretary, State Board of Technical Education before the learned Single Judge that diploma certificates possessed by the writ petitioners are valid, we do not find any ground to interfere with the order of the learned Single Judge. The appeals are dismissed. The appellants are directed to comply with the directions issued by the learned Single judge within a period of 8 weeks from the date of receipt of copy of this order.

13. No costs.