Madras High Court
V.Elango vs The Chairman on 4 November, 2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2022
CORAM:
THE HONOURA BLE MR. JUSTICE D.KRISHNAKUMAR
Review Aplw Nos.91 to 95 of 2022
V.Elango : Petitioner in Rev.Appln No.91/2022
K.Murugesan : Petitioner in Rev.Appln No.92/2022
R.Settu : Petitioner in Rev.Appln No.93/2022
S.Balasubramani : Petitioner in Rev.Appln No.94/2022
R.Thirumurugan : Petitioner in Rev.Appln No.95/2022
versus
1.The Chairman,
Tamil Nadu Generation and Distribution Corporation ltd.,
144, Anna Salai,
Chennai 600 002.
2.The Chief Engineer,
Personnel, 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,
Mettur, Salem District : Respondents
Petitions filed to review the order of this Court dated
02.03.2022 in WP Nos.9185, 9188, 9191, 9195, 9197 of 2020.
https://www.mhc.tn.gov.in/judis
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For Petitioners :: Mr.P.Sesubalan Raja,
for Mr.S.Kumara Devan
For Respondents :: Mr.P.Subramaniam
COMMON ORDER
The petitioners have filed writ petitions in WP Nos.9185, 9188,
9191, 9195, 9197 of 2020 challenging the letter dated 25.02.2020
issued by the second respondent on the ground that they have
undergone Diploma in Electrics and Electronics course in a Deemed
University, which has not been considered by the respondent
Department.
2. The learned counsel for the respondents relied on the
decision of the Hon'ble Supreme Court in Orissa Lift Irrigation
Corporation Ltd. vs. Rabi Sankar Patro and Others, [2018 (1) SCC
468]. Following the aforesaid judgment, this Court has rejected the
claim of the petitioners and dismissed the writ petitions. The
petitioners have filed these review petitions by relying upon the order
dated 22.01.2018 in M.A.Nos.1795 and 1796 of 2017 (Orissa Lift
Irrigation Corporation Ltd. vs. Rabi Sankar Patro and Others).
Paragraph 3 of the said order is usefully extracted as under:
“3.It is true, as is evident from paragraphs 34 and
46 of the judgment that the controversy in the present
case pertained to validity of degrees in Engineering
https://www.mhc.tn.gov.in/judis
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conferred by the Deemed to be Universities through
distance education mode and this Court was not called
upon to consider validity of diplomas conferred by such
Deemed to be Universities. However the advertisement
issued by AICTE covers diploma courses as well. We
therefore accept the submissions advanced by Mr.Dhruv
Mehta and Mr.M.L.Verma, learned Senior Advocates and
clarify that validity of such courses leading to diplomas
was not subject-matter of the judgment.”
3. According to the petitioners, the subject-matter of the writ
petitions viz., validity of diplomas conferred by such Deemed to be
Universities was not an issue before the Hon'ble Supreme Court. In
such circumstances, the petitioners request that their claim may be
considered afresh.
4. Learned Standing counsel for the respondents relied upon
the circular F.No.AICTE/P&AP/Misc/2020 dated 30.12.2020, wherein it
was stated that Diploma Course given by the said Deemed to be
University was not eligible for granting promotions. Learned counsel
for the writ petitioners submitted that the circular cannot operate
retrospectively. All these aspects have to be considered by the
authority concerned, after giving opportunity of hearing to the writ
petitioners.
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5. This Court passed the order dated 02.03.2022 in WP
Nos.9185, 9188, 9191, 9195 and 9197 of 2020, relying on the
decision reported in Orissa Lift Irrigation Corporation Ltd. vs. Rabi
Sankar Patro and Others, [2018 (1) SCC 468]. The subsequent order
of the Hon'ble Supreme Court dated 22.01.2018 in MA Nos.1795 and
1796 of 2017 and the circular dated 30.12.2020 were not placed
before this Court at the time of hearing the writ petitions.
6. Therefore, in the light of the order dated 22.01.2018 in MA
Nos.1795 and 1796 of 2017 and the circular dated 30.12.2020, it is
for the respondents to consider the request of the petitioners and
take appropriate decision, after giving an opportunity to the parties
concerned. Such exercise shall be undertaken by the respondents
within a period of eight weeks from the date of receipt of a copy of
this order.
7. The review applications are allowed.
04.11.2022
tar
https://www.mhc.tn.gov.in/judis
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To
1.The Chairman,
Tamil Nadu Generation and Distribution Corporation ltd.,
144, Anna Salai,
Chennai 600 002.
2.The Chief Engineer,
Personnel, 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,
Mettur, Salem District
https://www.mhc.tn.gov.in/judis
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D.KRISHNAKUMAR, J.
(tar)
Review Aplw Nos.91 to 95 of 2022
04.11.2022
https://www.mhc.tn.gov.in/judis
