Madras High Court
D.Elangovan vs Rabi Sankar Patro And Others on 10 January, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
WP.Nos.28402 of 2019 and 1737 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 16.12.2024
PRONOUNCED ON : 10.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P.Nos.28402 of 2019 and 1737 of 2020
and WMP.Nos.28094 & 28095 of 2019 and 2022 of 2020
1.D.Elangovan
2.A.Rajavel
3.A.Syed Aboubaker
4.S.Mourougane
5.M.Ravichandiran
6.K.Dayalan … Petitioners in WP.No.28402 of 2019
Tota Vinod Kumar … Petitioner in WP.No.1737 of 2019
V.
1.Central Administrative Tribunal
Madras Bench
Rep by its Registrar
High Court Campus
High Court Madras
2.Union of India
Government of Puducherry through
The Secretary to Government for Power
Chief Secretariat
Puducherry
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3.The Superintending Engineer – I
(Now designated as Superintending Engineer cum Head of the
Department)
Electricity Department
Puducherry
4.The Secretary to Government
for Ministry of Human Resources Development
Department of Higher Education
New Delhi.
5.All India Council for Technical Education
Rep by its Director
7th Floor Chanderlok Building
Janpat, New Delhi – 110 001.
(impleaded vide WMP.No.30609 of 2019)
6.K.Parthiban
(impleaded vide WMP.No.29303 of 2022)
...Respondents in WP.No.28402 of 2019
Union of India rep by the Secretary
Ministry of Human Resources
Development, Chief Secretariat
New Delhi
2.The University Grands Commission
rep by its Secretary
No.35 Bhadursha Road, New Delhi
3.All India Council for Technical Education
rep by its Member Secretary
7th Floor, Chanakkiya
Buildings, Janpath, New Delhi
4.The Secretary to Government (power)
Chief Secretariat Puducherry
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5.The Superintending Engineer – I
Electricity Department,
Puducherry
6.V.Veerpathiran, Tester
Division VII Electricity Department
Puducherry.
7.L.Lourduraj, Tester
Division VII Electricity Department
Puducherry.
8.The Registrar IASE Deemed University
Sardarshahr Rajasthan
9.The Registrar
Central Administrative Tribunal, Madras Bench, Chennai.
.. Respondents in WP.No.1737 of 2020
PRAYER in WP.28402 of 2019: Writ petition filed under Article 226
of Constitution of India to issue a Writ of Certiorarified Mandamus to
call for the records from the 1st respondent quash the order of the 1st
respondent Tribunal in OA.No.925 of 2015 dated 25.04.2019 and in
RA.No.19 of 2019 dated 27.08.2019 in OA.No.925 of 2015 is illegal
arbitrary and contrary to law and consequently direct the respondents to
consider and promote the petitioners to the post of tester on the basis of
the Diploma in Electrical Engineering obtained by them in the Feeder
Category with all consequential benefits.
PRAYER in WP.1737 of 2020: Writ petition filed under Article 226 of
Constitution of India to issue a Writ of Certiorarified Mandamus to call
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WP.Nos.28402 of 2019 and 1737 of 2020
for the records of the 9th respondent in respect of Order in OA.No.325 of
2016 and to quash the same and consequently to direct the 4th and 5th
respondent to promote the petitioner to the post of Tester with
retrospective effect.
For Petitioners : Mr.Balan Haridas in WP.28402/2019
Mr.V.Ajayakumar in WP.1737/2020
For Respondents : WP.28402 of 2019
R1 – Tribunal
Mr.R.Syed Mustafa, Spl.Govt Pleader
(Puducherry) for R2 & R3.
No appearance for R4
Mr.B.Rabu Manohar, SCGC for R5
Mr.Mr.M.Mahamani for R6
WP.1737 of 2020
Mr.S.Pajani Radja, CGSC for R1.
Mr.P.R.Gopinathan for R2.
Mr.R.Syed Mustafa, Spl.Govt Pleader
(Puducherry) for R4 & R5.
No appearance – RR6, 7 & 8
R9 – Tribunal
R3 – Not Ready in notice.
COMMON ORDER
(The Order of the Court made by Justice M. JOTHIRAMAN)
Under assail is the order dated 25.04.2019 in OA.Nos.925 of 2015
and order dated 27.08.2019 in in RA.No.19 of 2019 in OA.No.925 of
2015 on the file of the Central Administrative Tribunal, Chennai Bench
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(WP.No.28402 of 2019) and order dated 25.04.2019 in OA.No.325 of
2016 (WP.No.1737 of 2020). The unsuccessful applicants before the
Tribunal have preferred the writ petitions before this Court.
2. The case of the petitioners is that the petitioners are working in
various capacities in the Electricity Department and the next promotion
for them, as per the recruitment rules is the post of Tester. According to
the recruitment rules, the petitioners should possess 5 years of service
and should have passed Diploma from a recognised University. The
petitioners have passed Diploma in Electrical Engineering (DEE)
through Distance Education mode from a deemed University. However,
the respondents had denied promotion to the petitioners on the ground
that the Diploma possessed by the petitioners are not valid and cannot be
accepted. Therefore, the petitioners have preferred OA.Nos. 925 of 2015
and 325 of 2016. The Tribunal dismissed the above OAs vide order
dated 25.04.2019.
3. Mr.Balan Haridoss, learned counsel appearing for the petitioners
in WP.No.28402 of 2019 would submit that the petitioners possessed the
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prescribed Diploma qualification and they are eligible to be appointed as
Testers. There is no specific rule requiring the qualification to be
obtained in a regular course. In the absence of such specific stipulation,
the petitioners are qualified to be appointed as Testor. The Diploma
obtained from the deemed University stands automatically regularised for
the purpose of employment, as per the letter of Ministry of Human
Resources Development Dated 28.01.2004. He would submit that the
course adopted by the deemed University have post facto approval
granted by the UGC through Distance Education mode. To strengthen
his contentions, the learned counsel relied upon the judgment of the
Hon'ble Supreme Court reported in (i) 2018 (1) SCC 468 – Orissa Lift
Irrigation Corporation Limited v. Rabi Sankar Patro and others (ii)
2018 (2) SCC 298 – Orissa Lift Irrigation Corporation Limited v. Rabi
Sankar Patro and others (iii) Order in Civil Appeal No.872 of 2018
dated 25.01.2018 - The State of Madya Pradesh and others v. Alok
Tripathi and others and (iv) Order in Civil Appeal No.3697-3698 of
2018 dated 16.02.2018 – Jawaharlal Nehru Technological University
Registrar v. The Chairman and Managing Director Transmission
Corporation of Telangana Ltd and others. He would further drew the
attention of this Court to a letter sent by the UGC dated 14.10.2013 to all
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the Indian Universities, wherein it has been stated at Paragraph No.6 as
follows:
“Accordingly, the Degrees/ Diplomas/Certificates
awarded for programmes conducted by the ODL
institutions, recognized by DEC (erstwhile) and UGC, in
conformity with UGC Notification on specification of
Degrees should be treated as equivalent to the
corresponding awards of the Degree/ Diploma/Certificate
of the traditional Universities/ Institutions in the country.”
4. To strengthen his contentions, he has relied upon a decision of
the Hon'ble Supreme Court in the case reported in Orissa Lift Irrigation
Corporation Limited Vs. Rabi Sankar Patro and others
(M.A.Nos.1795-1796/2017 in Civil Appeal Nos.17869 & 17870/2017) –
(2018) 2 SCC 298 and submitted that the Diploma awarded by the
concerned Universities are not barred from consideration for promotion
in service.
5. Further, he would submit that the petitioners have acquired their
Diplomas in Engineering through Distance Education Mode during the
year 2007-2009. At that point of time, there had been no order to the
effect that the Diploma acquired through Distance Education was not
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recognized. On the other hand, since the Diploma obtained through
Distance Education Mode was the basis for effecting promotion, the
subsequent orders derecognizing the Diploma by itself will not make the
petitioners ineligible for the post of Tester. The action of the respondents
in not considering the petitioners for promotion on the basis of Diploma
obtained through Distance Education is illegal. He would submit that the
course was conducted between 2007 and 2009 and the same had been
approved by the Distance Education Council (DEC). Much later to that
the respondents now claim that post approval is not valid and that the
same cannot be given from an anterior date. This objection cannot be
valid in respect of the petitioners, as they had completed the course and
the same had been approved and therefore, the respondents contention to
the contrary is untenable.
6. The learned counsel appearing on behalf of the petitioner in
WP.No.1737 of 2020 adopted the arguments advanced by the learned
counsel for the petitioners in WP.No.28402 of 2019.
7. Mr.Syed Mustafa, learned Special Government Pleader
appearing for the respondents 4 and 5 in WP.No.28402 of 2019 and for
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respondents 4 and 5 in WP.No.1737 of 2020 would submit that the
promotion is from the feeder category of Wireman, Bill Collector and
Commercial Assistant with 5 years regular service and the petitioners
should also possess a Diploma in Electrical and Electronics Engineering
from a recognised University and should have completed two years of
service after acquiring the said Diploma. The petitioners could not be
considered for the post of Tester as the Diploma obtained by the
petitioners were not approved by the Distance Education Council (DCE)
and All India Council for Technical Education (AICTE). The petitioners
have obtained a two years duration diploma in Electrical Engineering
through a correspondence course from Institute of Advanced Studies in
Eduction (IASE) a deemed University, Rajasthan. So the qualification
obtained by the petitioners are not acceptable and cannot be considered
as Diploma from a recognised University. To strengthen his contention,
he has relied upon the Paragraph Nos.41 and 42 of the decision in Orissa
Life Irrigation Corporation Limited cited supra, wherein it is stated as
follows :-
“41. Mr. Raju Ramachandran, learned Senior
Advocate appearing for OLIC reiterated the stand of
OLIC that the degrees in Engineering obtained by
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concerned in-service diploma holders through distance
education were invalid and as such no benefit ought to
accrue to such candidates. Similar submission was
advanced by Mr.V.K.Bali, learned Senior Advocate
appearing for the State of Punjab in matters arising
from the decision of High Court of Punjab and
Haryana.
42. Mr.Manider Singh, learned Additional
Solicitor General appearing for UGC submitted that
inclusive definition of “ University” in UGC Act was in
a completely different and limited context and the idea
was essentially to recognize Deemed to be University for
the purposes of funding and that such Deemed to be
University is not a University for all purposes. In his
submission, if such Deemed to be University is desirous
of starting any technical course it ought to obtain
express approval from AICTE. He also placed reliance
on Section 23 to submit that a University established or
incorporated by or under a Central Act, a Provincial
Act or a State Act alone is entitled to have the word
“University” associated with its name which again
signified the distinction between a University
established or incorporated under a legislation as
against a Deemed to be University.”
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8. He would further submit that the earlier decision of this Hon'ble
Court in S.Sudhagaran vs. Superintendent of Electricity Department,
Puducherry (W.P.Nos.28309 & 24552 of 2013 dated 18.12.2014),
wherein it has been held that Diplomas acquired from IASE and other
deemed Universities are not equivalent to Diplomas in Electrical
Engineering from a recognised University.
9. Mr.P.R.Gopinathan, the learned counsel appearing on behalf of
University Grants Commission would submit that the Joint Committee of
UGC, AICTE and DEC has not given recognition to B.E. and B.Tech
programmes offered by any University through Distance Mode. In this
regard, a letter dated 13.08.2009, issued by the erstwhile DEC is
available in the Public Domain, which supports their claim. He would
further submit that the AICTE has also issued a public notice in the year
2010, clearly stating that it do not recognize the qualifications acquired
through Distance Education Mode for Diploma, Bachelors and Master's
level courses in the fields of Engineering, Technology, including
Architecture, Town Planning and other related courses. He drew the
attention of this Court to the counter affidavit, particularly Paragraph
Nos.12 and 13, wherein it is stated as follows:
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“12. It is respectfully submitted and pertinent to mention
here that the Hon'ble Supreme Court vide its order dated
03.11.2017 in the matter of Orissa Life Irrigation Corp.
Ltd. Vs. Rabi Sanker Patro and others has suspended all
the Degrees in Engineering awarded by concerned
Deemed to be Universities of the candidates enrolled
during the Academic Sessions 2001 – 2005, till they pass
such examination under the Joint supervision of AICTE-
UGC in the manner indicated hereinafter. As regards
students who were admitted after the Academic Sessions
2001-2005, their degrees in Engineering awarded by the
concerned Deemed to be Universities through distance
education mode stand recalled and be treated as
cancelled. The concerned Deemed to be Universities are
(i) Janardan Rai Nagar Rajasthan Vidyapeeth (JRN),
Udaipur, Rajasthan, (ii) Institute of Advanced Studies in
Education (IASE), Sardarshahr, Rajasthan, (iii) Vinayaka
Mission's Research Foundation, Salem, Tamil Nadu and
(iv) Allahabad Agriculture Research Institute, Allahabad,
UP (later known as Sam Higginbottom Institute of
Agriculture, Technology and Sciences, Allahabad).
Further, the Hon'ble Supreme Court in the matter of
Orissa Lift Irrigation Corp. Ltd. vs. Rabi Sanker Patro &
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Others, in MA Nos.1795, 1796/2017 filed in civil appeal
nos. 17869-17870/2017, vide its order dated 22.01.2018
had clarified that validity of such courses leading to
diploma was not the subject matter of the judgment dated
03.11.2017.
13. It is respectfully submitted that the I.A.S.E, Deemed to
be University, the 8th Respondent arrayed in the above
Writ Petition had been declared as a Deemed to be
University, under Section 3 of the University Grants
Commission Act, 1956 and mandated in law to strictly
adhere to this Respondent Act, Regulations, Notifications
and other Directions issued from time to time, both in
letter and spirit.”
10. The learned counsel appearing on behalf of AICTE has drawn
the attention of this Court to Paragraphs No.4 to 7 of the counter
affidavit filed by the Assistant Director, wherein it has been stated as
follows:
“4. I respectfully submit that the Ministry of
Education (MoE), formerly Ministry of Human Resource
Development (MHRD), Department of Education vide
Office Memorandum dated 06.12.2012 had modified the
Order vide F.No.11-15/2011-AR (TS.II) dated 10.07.2012
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and to facilitate the institutions during transition period,
the following decision had been taken by the Ministry:
'Above order dated 10.07.2012 regarding cases of
recognition in perpetuity for equivalence in Central
Government Job, stands withdrawn. All those students
who are enrolled with the institutions with permanent
recognition upto 31.05.2013 would be eligible for
consideration in accordance with MHRD office
memorandum/order in force pertaining to their course
for equivalence in Central Government job.
However, these concerned orders will cease to have
effect from 01.06.2013 onwards.
After 31.05.2013 based on the review by the regulator
i.e. AICTE, a decision on continuation of the
certification of equivalence of degree / diploma shall
be taken by statutory regulatory authority.
Statutory regulators should review the fresh proposals
/ extension as per their statute and regulations.
In case, the institution desires to opt for realigning
curriculum with National Vocational Education
Qualification Framework (NVEQF), it is advised to use
this transition period upto 30.05.2013 for necessary
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action in this regard.
5. I respectfully submit that AICTE in its 52nd
Emergent Council Meeting held on 03.08.2017 has
recognised the course contents by the professional
bodies/institutions in accordance with MHRD OM No.11-
15/2011-AR (TS.II) dated 06.12.2012 for equivalence for all
purposes including higher education & employment which
were duly recognised by the MHRD with permanent
recognition upto 31.05.2013.
6. I respectfully submit that this was informed to all
professional societies and they were expected to stop
registration w.e.f. 01.06.2013.
7. I respectfully submit that AICTE recognition is not
course specified and this is only the endorsement of the
decision of the MHRD with permanent recognition upto
31.05.2013.”
11. We have considered the submissions made on either side and
perused the available records.
12. It is pertinent to mention that the issue dealt with by the
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Hon'ble Supreme Court in the decision of Orissa Lift Irrigation
Corporation Limited was with regard to the validity of degrees in
Engineering awarded by the Deemed to be Universities. However, in the
present case, the issue is with regard to the validity of the diploma in
Electrical Engineering, awarded by the Deemed to be University through
Distance Education Mode is valid or not is to be considered.
13. At this juncture, it is relevant to cite the Recruitment Rules for
the post of Tester.
GOVERNMENT OF PONDICHERRY
INDUSTRIAL DEVELOPMENT (POWER) DEPARTMENT
(G.O.Ms.No.25, dated 26th September 2005)
1.Short title and commencement - (i) These rules may be
called as the Government of Pondicherry, Electricity
Department (Group 'C' Post Tester) Recruitment Rules, 2005.
8 Educational and other (1)Diploma in Electrical Engineering or
qualifications required for Electrical and Electronics Engineering of
direct recruit a recognised University or Board of
Technical Education.
(2)Two years experience in an Electrical
undertaking or Electricity Department,
Pondicherry after acquiring the said
Diploma.
9 Whether age and Age: No
educational qualifications Educational qualification: Should possess
prescribed for direct a Diploma in Electrical Engineering or
recruits will apply in the Electrical and Electronics Engineering of
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case of promotees a recognized University or Board of
Technical Education and should have
completed two years service after
acquiring Diploma in Electrical
Engineering or Electrical and Electronics
Engineering of a recognised University or
Board of Technical Education.
11 Method of recruitment (1)75% by promotion falling which by
whether by direct direct recruitment.
recruitment or by (2)25% by direct recruitment.
promotion or by
deputation/transfer and
percentage of the posts to
be filled by various
methods
12 In case of recruitment by Promotion
promotion / deputation / (1)(i)From the post of Wireman, Bill
transfer grades from Collector and Commercial Assistant with
which promotion five years regular service in the
/deputation/ transfer is to respective grade, failing which by (b)
be made below :
(b)From the post of Wireman, Bill
Collector and Commercial Assistant with
eight years combined regular service in
the posts of Wireman, Bill collector,
Commercial Assistant and Helper failing
which by (c) below.
(c)From the post of Helper with eight
years regular service failing which by (d)
below.
(d)From the post of Helper with eight
years combiner continuous service in the
posts of Helper and Construction Helper
(Work Charged). and
(2) Possessing a Diploma in Electrical
and Electronics Engineering of a
recognised University
Note :The officials in the feeder grades
should possess a Diploma in Electrical
Engineering or Electrical and Electronics
Engineering of a recognised University
and should have completed two years of
service after acquiring the said Diploma.
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14. The Hon'ble Apex Court in Orissa Lift Irrigation (cited
supra) has considered these aspects and concluded that Diploma Degree
granted by Deemed Universities without AICTE approval is not
equivalent to Degree or Diploma issued by the recognised University.
15. The Central Administrative Tribunal held that the claim of the
petitioners cannot be sustained in view of the decision of this Hon'ble
Court in S.Sudhagaran vs. Superintendent of Electricity Department,
Puducherry (W.P.Nos.28309 & 24552 of 2013 dated 18.12.2014).
16. We are of the considered opinion that as per recruitment
notification dated 26.09.2005, the promotion is from the feeder category
of Wireman, Bill Collector and Commercial Assistant, who have 5 years
of regular service and they should also possess a Diploma in Electrical
and Electronics Engineering from a recognised University. The Officials
in the feeder category should possess a Diploma from a recognised
University and should have completed 2 years of service after acquiring
the said Diploma. The petitioners are not eligible for promotion to the
post of Tester, as the Diploma produced by the petitioners were not
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approved by the Distance Education Council (DEC) and All India
Council for Technical Education (AICTE). The normal period for a
Diploma course is 3 years, but the petitioners obtained the Diplomas
within a period of 2 years from a deemed University. Further, the
petitioners have obtained their Diplomas through a correspondence
course from Institute of Advanced Studies in Education (IASE), a
Deemed University, Rajasthan and failed to establish that a diploma
possessed by them is equivalent to the Diploma mentioned in the
Recruitment Rules for the post of Testor. We do not find any reason to
interfere with the order of the Tribunal, and there are no merits in these
Writ Petitions.
17. Accordingly, these Writ Petitions are dismissed. No costs.
Consequently, connected Miscellaneous Petitions are closed.
(S.M.S., J.) (M.J.R., J.)
10.01.2025.
tsh/ar
Index : Yes / No
Internet : Yes / No
Neutral Citation: Yes / No
To
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WP.Nos.28402 of 2019 and 1737 of 2020
1.Central Administrative Tribunal
Madras Bench
Rep by its Registrar
High Court Campus, High Court Madras
2.Union of India
Government of Puducherry through
The Secretary to Government for Power
Chief Secretariat
Puducherry
3.The Superintending Engineer – I
(Now designated as Superintending Engineer cum Head of the
Department)
Electricity Department, Puducherry
4.The Secretary to Government
for Ministry of Human Resources Development
Department of Higher Education
New Delhi.
5.All India Council for Technical Education
Rep by its Director
7th Floor Chanderlok Building
Janpat, New Delhi – 110 001.
(impleaded vide WMP.No.30609 of 2019)
6. Union of India rep by the Secretary
Ministry of Human Resources
Development, Chief Secretariat
New Delhi
7.The University Grands Commission
rep by its Secretary
No.35 Bhadursha Road, New Delhi
8.All India Council for Technical Education
rep by its Member Secretary
7th Floor, Chanakkiya
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Buildings, Janpath, New Delhi
9.The Secretary to Government (power)
Chief Secretariat Puducherry
10.The Superintending Engineer – I
Electricity Department,
Puducherry
11.The Registrar IASE Deemed University
Sardarshahr Rajasthan
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S.M.SUBRAMANIAM.J,
and
M.JOTHIRAMAN.J,
tsh/ar
Pre-Delivery Common Order in
W.P.Nos.28402 of 2019 and 1737 of 2020
10.01.2025.
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