Madras High Court
V.Elango vs The Chairman on 2 March, 2022
W.P.Nos.9185, 9188, 9191, 9195 and 9197 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.03.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.Nos.9185, 9188, 9191, 9195 and 9197 of 2020
and
W.M.P.Nos.11202, 11207, 11208, 11210, 11212,
11215, 11216, 11219 and 11220 of 2020
V.Elango ... Petitioner in W.P.No.9185 of 2020
K.Murugesan ... Petitioner in W.P.No.9188 of 2020
R.Settu ... Petitioner in W.P.No.9191 of 2020
S.Balasubramani ... Petitioner in W.P.No.9195 of 2020
RThirumurugan ... Petitioner in W.P.No.9197 of 2020
vs.
1.The Chairman
Tamil Nadu Generation and Distribution Corporation Ltd.,
144, Anna Salai, Chennai – 600 002.
2.The Chief Engineer,
Personal,
8th Floor, Tamil Nadu Generation and Distribution Corporation Ltd.,
144, Anna Salai, Chennai – 600 002.
3.The Superintending Engineer,
Purchase and Administration
Mettur Thermal Power Station – I,
Mettur, Salem District.
... Respondents in all the W.Ps
https://www.mhc.tn.gov.in/judis
1
W.P.Nos.9185, 9188, 9191, 9195 and 9197 of 2020
Prayer: Writ Petitions filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorari to call for the records relating to
the impugned Letter No.043656/589/G57/G571/2019-3 dated 25.02.2020 on
the file of the 2nd respondent herein and quash the same.
For Petitioners : Mr.S.Kumaradevan in all WPs
For Respondents : Mr.P.Subramanian,
TNEB in all WPs
ORDER
This writ petition has been filed for issuance of a Writ of Certiorari to
call for the records relating to the impugned Letter
No.043656/589/G57/G571/2019-3 dated 25.02.2020 on the file of the 2nd
respondent herein and quash the same.
2). The case of the petitioners in brief:
The petitioner in the writ petition in W.P.No.9185 of 2020 joined the 1st
respondent Company as Helper on 25.02.1998 at Erode Distribution Circle
and thereafter in the year 2000 he was transferred to Mettur Thermal Station
– I and the petitioners in the other writ petitions joined the 1st respondent
Company on 01.05.1999 at Mettur Thermal Station – I.
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W.P.Nos.9185, 9188, 9191, 9195 and 9197 of 2020
2.1) In the year 2006, the Vinayaka Mission's Research Foundation
Deemed University, Salem announced admission for Diploma in Electrical
and Electronics Engineering (DEEE) for part time Diploma and Degree
programmes in Engineering in Distance Education pattern. The petitioners
have joined the course after obtaining prior permission and completed the
Diploma in Electrical and Electronics Engineering with First Class.
2.2) The petitioners have applied for the post of Technical Assistant by
internal selection from the qualified employees in R.W.E. And non-R.W.E.
Categories, who possess the requisite qualification viz., Diploma in Electrical
and Electronics Engineering etc., The petitioners have applied for the posts
several times, but their applications were not considered. Therefore, they
made a representation to consider their applications, but the same were not
considered. Therefore, the petitioners filed writ petitions in W.P.Nos.34188,
34190 to 34193 of 2018 and the same were disposed of with an observation
that the case of the petitioners to be considered whenever the process of
promotion is undertaken and by strictly following the rules and regulations
and after verifying the sanctity and validity of the Education qualifications
possessed by the writ petitioners.
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W.P.Nos.9185, 9188, 9191, 9195 and 9197 of 2020
2.3) After receiving the said order in the writ petitions the petitioners
have again made a representation to consider their applications, but, the
respondents have not taken any action on their representations. Thereafter,
the petitioner herein in W.P.No.9185 of 2020 made an RTI Application to the
respondent's office and requested to provide the details of the action taken on
his application as per the order of this Court. The same was rejected by the
2nd respondent vide letter dated 19.08.2019 by stating that he was the
petitioner in the said writ petition and he is not eligible to get details regarding
the same. Against the said rejection letter, the petitioner preferred an appeal
and the appellate authority again rejected the same vide letter dated
10.10.2019 by stating the previous rejection letter of the 2nd respondent.
2.4) Against the above said two rejection letters, the petitioner preferred
a second appeal and received a letter dated 25.02.2020 from the appellate
authority. In the said letter the 2 nd respondent herein rejected the petitioner's
claim for internal selection to the post of Technical Assistant without
considering his education qualification as directed by this Court order in the
writ petitions dated 04.04.2019. The reason stated for rejection is that the
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W.P.Nos.9185, 9188, 9191, 9195 and 9197 of 2020
Institute of Vinayaga Mission Research Foundation, Deemed University is not
coming under the purview of Directorate of Technical Education and that the
educational qualification acquired by the petitioner is not equivalent, therefore
the petitioner's name was not considered for the recruitment.
3) Relying upon the decision of the judgment made by the Hon'ble
Supreme Court in the case of 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 the learned counsel for the respondents would submit that
the Hon'ble Supreme Court by order dated 11.03.2019 stated that degrees
and diplomas of IGNOU in distance education courses up to the year 2009 –
2010 be left undisturbed. And the same relief was granted to the petitioners
who will be covered in the years 2010-2011 and 2011-2012. But, the writ
petitioners have completed the Diploma Course in Vinayaka Mission's
Research Foundation Deemed University, Salem where the Diploma Course
undergone by the petitioners have not been approved by AICTE.
4) The Hon'ble Supreme Court, in 'Orissa Lift Irrigation Corporation
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W.P.Nos.9185, 9188, 9191, 9195 and 9197 of 2020
Limited vs Rabi Sankar Patro and Others, reported in [(2018) 1 SCC page
468] had observed as follows:
66.4. AICTE shall devise the modalities to conduct
an appropriate test(s) as indicated in Para 58 above. The
option be given to the students concerned whose degrees
stand suspended by 15.01.2018 to appear at the test(s) to
be conducted in accordance with the directions in Para 58
above. Students be given not more than two chances to
clear test(s) and if they do not successfully clear the
test(s) within the stipulated time, their degrees shall stand
cancelled and all the advantages shall stand withdrawn
as stated in Paras 57 and 58 above. The entire
expenditure for conducting the test(s) shall be recovered
from the deemed to be Universities by 31.03.2018.
66.5. Those students who do not wish to exercise
the option, shall be refunded entire money deposited by
them towards tuition fee and other charges within one
month of the exercise of such option. Needless to say their
degrees shall stand cancelled and all advantages/benefits
shall stand withdrawn as mentioned in Para 58.
66.6. If the students clear the test(s) within the
stipulated time, all the advantages/benefits shall be
restored to them and their degrees will stand revived
fully.
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W.P.Nos.9185, 9188, 9191, 9195 and 9197 of 2020
66.7. As regards students who were admitted after
the Academic Sessions 2001~2005, their degrees in
Engineering awarded by the deemed to be Universities
through distance education mode stand recalled and be
treated as cancelled. All benefits secured by such
candidates shall stand withdrawn as indicated in Para 59
above. However, the entire amount paid by such students
to the deemed to be universities concerned towards
tuition fees and other expenditure shall be returned by the
deemed to be universities concerned by 31.05.2018, as
indicated in Para 59.
66.8. By 31.05.2018 all the deemed to be
universities concerned shall refund the sums indicated
above in para 66.07 and an appropriate affidavit to that
extent shall be filed with UGC within a week thereafter.
66.9. We direct CBI to carry out thorough
investigation into the conduct of the officials concerned
who dealt with the matters and went about granting
permissions against the policy statement, as indicated in
Para 60 above and into the conduct of institutions who
abused their position to advance their commercial interest
illegally. Appropriate steps can thereafter be taken after
culmination of such investigation.
66.10. UGC shall also consider whether the
deemed to be University status enjoyed by JRN, AAI, IASE
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W.P.Nos.9185, 9188, 9191, 9195 and 9197 of 2020
and VMRF calls for any withdrawal and conduct an
inquiry in that behalf by 30.06.2018 as indicated above.
If the moneys, as directed above, are not refunded to the
students concerned, that factor shall be taken into
account while conducting such exercise.
66.11. We restrain all deemed to be Universities to
carry on any courses in distance education mode from the
Academic Session 2018~ 2019 onwards unless and until it
is permissible to conduct such courses in distance
education mode and specific permissions are granted by
the concerned statutory/regulatory authorities in respect
of each of those courses and unless the off~campus
Centres/Study Centres are individually inspected and
found adequate by the concerned Statutory Authorities.
The approvals have to be course specific.
66.12. UGC is further directed to take appropriate
steps and implement Section 23 of the UGC Act and
restrain deemed to be Universities from using the word ?
University? within one month from today.
66.13. The Union of India may constitute a three
members Committee comprising of eminent persons who
have held high positions in the field of education,
investigation, administration or law at national level
within one month. The Committee may examine the issues
indicated above and suggest a road map for
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W.P.Nos.9185, 9188, 9191, 9195 and 9197 of 2020
strengthening
and setting up of oversight and regulatory mechanism in
the relevant field of higher education and allied issues
within six months. The Committee may also suggest
oversight mechanism to regulate the deemed to be
Universities. The Union of India may examine the said
report and take such action as may be considered
appropriate within one month thereafter and file an
affidavit in this Court of the action taken on or before
31.08.2018. The matter shall be placed for consideration
of this aspect on 11.09.2018.”
5) As per the judgment of the Hon'ble Supreme Court, the aforesaid
directions are applicable to the students who had undergone the academic
session 2001-2005 and students who were admitted after the academic
session 2001-2005, their degrees in Engineering awarded by the deemed to be
universities concerned through distance education mode stand recalled and be
treated as cancelled. In the case on hand, the petitioners have undergone the
academic session after 2005 and therefore, in the light of the aforesaid
judgment of the Hon'ble Supreme Court, the degrees obtained by them
through distance education mode are deemed to be cancelled and therefore,
they are not entitled for being selected to the post of Technical Assistant.
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W.P.Nos.9185, 9188, 9191, 9195 and 9197 of 2020
6) The learned counsel for the writ petitioners is not in position to
inform to the Court, whether as per the directions of the Hon'ble Supreme
Court, the petitioner has passed the test. The learned counsel for the writ
petitioners seek liberty to approach the Authority, if the petitioners have
passed the test as per the aforesaid judgment. If the petitioners have complied
with the directions as per the judgment of the Hon'ble Supreme Court, it is
open to the petitioners to seek their remedy before the Authority concerned.
7) In view of the above discussion, these writ petitions stand dismissed
with the above liberty. No costs.
02.03.2022
Index : Yes / No
Internet : Yes / No
dsa
https://www.mhc.tn.gov.in/judis
W.P.Nos.9185, 9188, 9191, 9195 and 9197 of 2020
To
1.The Chairman
Tamil Nadu Generation and Distribution Corporation Ltd.,
144, Anna Salai, Chennai – 600 002.
2.The Chief Engineer,
Personal, 8th Floor, Tamil Nadu Generation and Distribution Corporation
Ltd., 144, Anna Salai, Chennai – 600 002.
3.The Superintending Engineer,
Purchase and Administration
Mettur Thermal Power Station – I,
Mettur, Salem District.
https://www.mhc.tn.gov.in/judis
W.P.Nos.9185, 9188, 9191, 9195 and 9197 of 2020
D.KRISHNAKUMAR. J
dsa
W.P.Nos.9185, 9188, 9191, 9195 and 9197 of 2020
02.03.2022
https://www.mhc.tn.gov.in/judis
