Madras High Court
R.Appasamy vs The Secretary on 3 December, 2021
W.P. No.14990 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.12.2021
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P. No.14990 of 2010
1.R.Appasamy
2.K.Ambikapathi
3.A.Selvaraj
4.C.Panneer Chelvam ... Petitioners
Vs.
1.The Secretary,
Distance Education Council (DEC),
Indira Gandhi National Open University,
Maiden Garthi, New Delhi.
2.The Registrar,
Vinayaga Missions Deemed University,
Salem.
3.The Tamil Nadu Electricity Board,
Rep. by the Chief Engineer/Personal,
Tamil Nadu Electricity Board,
VIII Floor, NPKRR Maaligai,
800, Anna Salai, Chennai-600 002. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying to issue a Writ of Certiorarified Mandamus calling for the
records of the impugned notification dated 01.07.2009 having reference
1/12
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W.P. No.14990 of 2010
No.057700/512/G.55/G.551/2009-1 issued by the 3rd respondent and quash
the same in so far as the said notification disqualifies the candidates who
acquired their B.E. (Electrical) degree through the Distance Mode of
education for being appointed as Assistant Engineer (Electrical) and
consequently direct the 3rd respondent to appoint the petitioners to the post
of Assistant Engineer Degree (Electrical) obtained through distance mode as
eligible for getting appointed as Assistant Engineer (Electrical) as per
Article 94 Annexure-III of Tamil Nadu Electricity Board Service
Regulations.
For Petitioners : Mrs.Nalini Chidambaram
Senior Counsel
For Respondent 1 : Mr.S.Saravanan
For Respondent 2 : Notice served on 16.08.2010
For Respondent 3 : Mr.P.Subramaniam
Standing Cousel for TNEB
ORDER
This writ petition has been filed challenging the notification dated
01.07.2009 having reference No.057700/512/G.55/G.551/2009-1 issued by
the 3rd respondent and quash the same insofar as the said notification
disqualifies the candidates who acquired B.E. (Electrical) degree through
the Distance Mode of education for being appointed as Assistant Engineer
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W.P. No.14990 of 2010
(Electrical) and consequently direct the 3rd Respondent to appoint the
petitioners to the post of Assistant Engineer (Electrical) in Tamil Nadu
Electricity Board by considering the B.E. Degree (Electrical) in Tamil Nadu
Electricity Board by considering the B.E. Degree obtained through distance
mode as eligible for getting appointed as Assistant Engineer (Electrical) as
per Article 94 Annexure-III of Tamil Nadu Electricity Board Service
Regulations.
2. Briefly, the relevant facts are set-out herein:
i) The petitioners had completed ITI (2-year certificate course) in
various Government Institutions, subsequently, through Employment
Exchange they were appointed as Helper in the TNEB - 3rd respondent
herein.
ii) The petitioners sought permission of the TNEB to undergo B.E.
Electrical and Electronics Engineering in Vinayaga Missions Research
Foundation Deemed University, Salem, through Distance Mode of
Education. The petitioners were granted permission to undergo the aforesaid
course by the Superintending Engineer, Electricity Distribution Circle
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W.P. No.14990 of 2010
Pudukottai.
iii) Pursuant to the above, the petitioners had joined the course and
completed B.E. Degree in Electrical and Electronics Engineering from
Vinayaga Missions Deemed University, Salem. The 1st and 4th petitioners
had completed the degree in the year 2009 and the 2nd and 3rd petitioners
had completed the degree in the year 2008.
iv) Admittedly, the TNEB through various channels had promoted the
1st petitioner as Foreman and the other three petitioners as Junior Engineer
II Grade Electrical (JE). It is alleged that the petitioners had the requisite
service and were awaiting promotion as Assistant Engineer.
v) Importantly, on 01.07.2009, the 3rd respondent - TNEB vide letter
having reference No.057700/512/G55/G551/2009-1 called for application
from the eligible candidates for filling up of vacancies in the post of
Assistant Engineer (Electrical) through internal selection. The relevant
portion of the said notification reads as under:
" It is proposed to call for application from the
qualified employees of Board, who have passed
B.E.(Electrical) only part time or Regular or equivalent
or Section A and B of AMIE Examination as referred to
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W.P. No.14990 of 2010
in Regulation 94 Annexure-III for consideration and
appointment to the post of Assistant Engineer/Electrical
by Internal Selection.
2.The employees working in Regular work
establishment and Provincial Cadres who are in
possession of the above said qualification are eligible
for consideration for this selection and appointment as
Assistant Engineer (Electrical) and acquiring B.E.
degree through Distance Education from any
Universities and acquiring M.E / M.Tech. degree
without basic qualification of B.E. Degree, employees
are not eligible for consideration and appointment to the
post of Assistant Engineer (Electrical) by Internal
Selection."
While the petitioners had applied to the said post well before the last
date prescribed in the notification, citing the above clause, their applications
were rejected by the TNEB for considering the appointment as Assistant
Engineer (Electrical), on the premise that the B.E. Course imparted by
Vinayaga Missions Deemed University through Distance Education
Learning (DEL), was not recognised by TNEB as a proper qualification for
the post of Assistant Engineer (Electrical).
vi) It is claimed that the above notification prescribing the
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W.P. No.14990 of 2010
qualification for the aforesaid post is contrary to Article 94 of the Tamil
Nadu Electricity Board Service Regulations.
vii) The above issue relating to recognition of Degrees conferred by
Deemed Universities through Distance Education Learning (DEL), came up
before the Hon'ble Supreme Court for consideration. The Hon'ble Supreme
Court in the case of Orissa Lift Irrigation Corporation Ltd. Vs. Rabi
Sankar Patro reported in 2018 SCC 298, issued a one-time relaxation for
the candidates who had enrolled for the Degree during the academic years,
2001-2005. The following portions of the order will make the position clear:
"26. We, therefore, as a one-time relaxation in
favour of those candidates who were enrolled during the
academic years 2001-2005 and who in terms of the
judgment, are eligible to appear at the test to be
conducted by AICTE, direct.
26.1. All such candidates, who wish to appear at
the forthcoming test to be conducted by AICTE in May-
June 2018 and who exercise option to appear at the test
in terms of the judgment, can retain the degrees in
question and all the advantages flowing therefrom till
one month after the declaration of the result of such test
or till 31.07.2018 whichever is earlier.
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W.P. No.14990 of 2010
26.2. This facility is given as one-time exception
so that those who have the ability and can pass the test
in the first attempt itself, should not be put to
inconvenience. If the candidates pass in such first
attempt, they would be entitled to retain all the
advantages. But, if they fail or choose not to appear, the
directions in the judgment shall apply, in that the
degrees and all advantages shall stand suspended and
withdrawn. At the cost of repetition, it is made clear that
no more such chances or exceptions will be given or
made. They will undoubtedly be entitled to appear on the
second occasion in terms of the judgment but this
exception shall not apply for such second attempt.
26.3 We direct AICTE to conduct the test in May-
June 2018 and declare the result well in time, in terms of
our directions in the judgment and this order, AICTE
shall however extend the time to exercise the option to
appear at the test suitably.
27. Except for the directions given in the
preceding paragraph i.e., para 26 and the clarification
as regards courses leading to award of diplomas as
mentioned herein above, we reject all the other
submissions."
viii) Pursuant to the above orders of the Hon'ble Supreme Court, the
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W.P. No.14990 of 2010
Member Secretary of AICTE issued a letter bearing F.No.13-60/P&AP/SC-
Legal/Dist.Edu./2019 dated 26.04.2019 notifying the conduct of validation
exams for four Universities including the 2nd respondent herein, under the
joint supervision of AICTE-UGC.
ix) The thrust of the petitioners' argument is that out of the 4
petitioners, R.Appasamy, K.Ambikapathi and C.Paneer Chelvam had
appeared for the revalidation exam conducted by AICTE at Anna University
between 16.12.2008 to 19.12.2008 and passed the exam and have been
issued with the Validation Certificate by AICTE. It is submitted that the 3rd
petitioner/A. Selvaraj had not appeared for the revalidation exam and thus
the prayer in the writ petition is not being pressed in respect of the 3rd
petitioner herein viz., A. Selvaraj
x) It may also be relevant to note that a learned Single Judge of this
Court in W.P.No.33033 of 2019 dated 06.02.2020, wherein while
considering a similar case with a prayer to re-designate them as Assistant
Engineers from the date of acquiring their B.E. Degree, the learned Single
Judge issued the following directions on taking note of the order of the
Hon'ble Supreme Court in the case of Orissa Lift Irrigation Corporation
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W.P. No.14990 of 2010
Ltd. Vs. Rabi Sankar Patro, which reads as under:
"25.In view of the above discussion, there shall
be a direction to the 2nd respondent to re-designate the
petitioners as Assistant Engineers in accordance with
the Service Regulations and consider their seniority
from the year 2009 onwards and fit them accordingly, in
the seniority list. Appropriate Orders shall be passed in
this regard within a period of four weeks from the date
of receipt of copy of this order."
3. It is submitted by Mrs.Nalini Chidambaram, learned Senior
Advocate appearing on behalf of the petitioners that the case of the
petitioners for promotion as Assistant Engineer (Electrical) in TNEB by
considering the B.E. Degree in Electrical obtained through Distance
Learning Mode as eligible for getting appointed as Assistant Engineer
(Electrical), should be considered as per the TNEB Service Regulations
within a particular time frame, taking into account the orders of the Supreme
Court in Orissa Lift Irrigation Corporation Ltd. Vs. Rabi Sankar Patro
and that of the learned Single Judge in W.P.No.33033 of 2019, after giving
a personal hearing and considering migration certificate and any other
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W.P. No.14990 of 2010
documents that may be filed during the personal hearing.
4. Mr.Subramaniam, learned counsel appearing on behalf of the
respondents does not have any serious objection to the above prayer.
5. In view of the above, this Court directs the 3rd respondent to
consider the case of the petitioners to treat the B.E. Degree obtained through
Distance mode as eligible for getting appointed as Assistant Engineer
(Electrical) as per Article 94 Annexure-III of Tamil Nadu Electricity Board
Service Regulations in view of the fact that the petitioners have obtained a
Validation Certificate and to take into account the decision of the Hon'ble
Supreme Court in the case of Orissa Lift Irrigation Corporation Ltd. Vs.
Rabi Sankar Patro and the order of the learned Single Judge of this Court
in W.P.No.33033 of 2019 and to consider if the same is applicable to the
petitioners after giving a chance of personal hearing and also taking into
account the submission and all other documents that may be submitted by
the petitioners during personal hearing and to pass appropriate orders within
a period of 3 weeks from today.
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W.P. No.14990 of 2010
6. With the above directions, the writ petition stands disposed of. No
costs.
03.12.2021
Note: The Registry is directed to issue order copy on 06.12.2021.
Speaking (or) Non Speaking Order
Index : Yes/ No
mka
To
1.The Secretary,
Distance Education Council (DEC),
Indira Gandhi National Open University,
Maiden Garthi, New Delhi.
2.The Registrar,
Vinayaga Missions Deemed University,
Salem.
3.The Chief Engineer/Personal,
Tamil Nadu Electricity Board,
VIII Floor, NPKRR Maaligai,
800, Anna Salai, Chennai-600 002.
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W.P. No.14990 of 2010
MOHAMMED SHAFFIQ, J.
mka
W.P. No.14990 of 2010
03.12.2021
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