Madras High Court
R.Palanivel vs The Director Of Municipal ... on 1 September, 2021
1 /6 W.P.No.17575 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.09.2021
CORAM:
THE HON'BLE MR.JUSTICE .C.SARAVANAN
W.P.No.17575 of 2021
and WMP.No.18696 of 2021
R.Palanivel ... Petitioner
vs
1.The Director of Municipal Administration,
Ezhilagam, Chepauk, Chennai 600 005.
2.The Commissioner,
Erode Corporation, Erode. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Certiorarified Mandamus, calling
for the records of the second respondent in Na.Ka.No.C1/2244/2020
dated 30.07.2021 and quash the same as being against the law laid down
by the Hon'ble Supreme Court in Md.Naseem Baig and Others vs. All
India Council for Technical Education and Others in W.P.(C) No.1341 of
2019 dated 18.09.2020 and the Judgment of the Hon'ble Division Bench
in W.A.No.3884 of 2019 dated 04.02.2021 and direct the respondents to
re-designate the petitioner from the post of Junior Engineer to the post of
Assistant Engineer with effect from 20.02.2019 with all service and
monetary benefits.
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2 /6 W.P.No.17575 of 2021
For Petitioner : M/s.Dakshayani Reddy for
P.Rajavel
For R1 : Mr.L.S.M.Hasan Fizal
Government Advocate.
For R2 : Mr.Rajamathivanan
Standing counsel
ORDER
Heard the learned counsel for the petitioner and the respondents.
2. The petitioner has obtained B.Tech through Distance Education
in Engineering Technology through Karnataka State Open University,
Mysore – 570 006. The petitioner enrolled for the above said B.Tech
during the year 2011-12 and completed the same in the year 2013-2014.
The Government of Tamil Nadu vide G.O.Ms.No.39 dated 30.04.2014
has recognized the degrees conferred by the Karnataka State Open
University, Mysore-570 006. (State University vide Serial No.233 to
Schedule II to the General Rules in Part II of the Tamil Nadu State and
Subordinate Services Rules (Volume 1 of the Tamil Nadu Service Manual,
1987).
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3 /6 W.P.No.17575 of 2021
3. The only reason given in the impugned order for denying the
benefit of being promoted as an Assistant Engineer is that as per
G.O.Ms.No.149 dated 22.07.2016, Higher Eduation (J2) Department,
Diploma / B.E. Degree qualification acquired through Distance Education
was not equivalent and therefore the petitioner cannot be appointed to
the post of Assistant Engineer.
4. This issue is squarely covered by the decision of the Division
Bench of this Court in W.A.No.3884 of 2019, The Chief
Engineer/Personnel Tamil Nadu Electriity Boa/TANEDCO , 8th Floor,
NPKRR Maaligai, TNEB Complex, 144, Anna Salai, Chennai 600 0-2
and another vs. A.C.Selvamani and 17 Others rendered in the context
of the candidates who qualified themselves from the Indira Gandhi
National Open University. In para 7 of the said Judgment dated
04.02.2021, it has been held as follows:-
“ 7. Today, when the writ appeal as well as writ petitions
were taken up for hearing, it is stated by the learned counsel
for AICTE that the said judgment applies to the case of the
writ petitioners herein. It is further stated that as per the
decision of the Honourable Supreme Court, AICTE
recognises the decree and diploma awarded by IGNOU
through distance education to the candidates who were
enrolled with IGNOU upto the academic sessions 2010-
2011 and 2011-2012 and no further separate order needs to
be issued by AICTE.”
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4 /6 W.P.No.17575 of 2021
5. The Division Bench has followed the earlier decisions of the
Honourable Supreme Court rendered in Jawaharlal Nehru
Technological University, Registrar vs. The Chairman and Managing
Director Transmission Corporation of Telegana Ltd and Others in
Civil Appeal Nos.3697 – 3698 of 2018, vide order dated 10.04.2018,
wherein it has been held as under:-
“ 5. Shri R. Venkataramani, learned Senior
counsel appearing for the original writ petitioners
submitted that degree to be granted has to be the one
recognized by the UGC under Section 22 of the UGC
Act. It is also pointed out that under Section 6(e) of the
Andhra Pradesh Education Act, 1982, norms of AICTE
are fully applicable to award of Diplomas.
6. While we find merit in the submission of learned
counsel for the respondents that the view taken by the
High Court is correct in law, in view of distinguishing
features in the present case noted in the order issuing
notice, while directing that norms must be followed in
future, the degrees and diplomas in question already
granted by the appellant – University to candidates
admitted up to academic year 2009-2010 may be left
undisturbed. To this extent, the impugned order stands
modified”.
6. This views was followed by the Hon'ble Supreme Court later
in Mukul Kumar Sharma & Others vs. All India Council for
Technical Education & Others in WP(C).No.382 of 2018 by its order
dated 30.07.2018 and by another decision of the Hon'ble Supreme Court
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5 /6 W.P.No.17575 of 2021
in Md. Naseem Baig and Others vs. All India Council for Technical
Education and Others in W.P.(C)No.1341 of 2019. By its order dated
18.09.2020, wherein it has been held as under:
“ ..........We had, vide order dated 11.03.2019, stated
that degrees and diplomas of IGNOU in such distance
education courses up to the years 2009-10 be left
undisturbed. We grant the same relief to the petitioners
who will be covered in the years 2010-11 and 2011-12.
We make it clear that since there is no distance
education courses in IGNOU after these years and these
are the last batches who will be granted the reliefs that
were granted by our order dated 11.03.2019, as a one
time measure therefore, these batches will also be
granted this relief. We allow this writ petition with no
order as to costs.”
7. This view has been interpreted by the Division Bench of this
Court as referred supra in the case of The Chief Engineer/ Personnel
and others vs. A.C.Selvamani & 17 Others. The Division Bench has
categorically held that AICTE recognises the degree and diploma awarded
by IGNOU through Distance Education to the candidates who were
enrollment with IGNOC upto the academic sessions 2010-2011 and
2011-2012 would apply.
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6 /6 W.P.No.17575 of 2021
C.SARAVANAN, J.
kkd
8. The facts of the case indicate that the petitioner had already
enrolled with the Karnataka State Open University during the year 2011-
2012 and completed in the year 2013-2014. That being the case, the
petitioner is entitled for the relief sought for in the present writ petition.
9. Accordingly the writ petition stands allowed. The respondents
are therefore directed to implement this order, within a period of twelve
weeks from the date of receipt of a copy of this order. No costs.
Consequently, connected miscellaneous petition is closed.
01.09.2021
Index : Yes/No
Internet : Yes/No
kkd
To
1.The Director of Municipal Administration,
Ezhilagam, Chepauk, Chennai 600 005.
2.The Commissioner,
Erode Corporation, Erode.
http://www.judis.nic.in
W.P.No.17575 of 2021
