M.Rajiv Suresh vs The Tamil Nadu Electricity Board on 6 January, 2010

[Cites 2, Cited by 1]

Madras High Court

M.Rajiv Suresh vs The Tamil Nadu Electricity Board on 6 January, 2010

2.In w.P.No.13715 of 2009, the petitioner, who was working as a Commercial Inspector in the respondent TNEB has filed the writ petition, seeking to challenge the order of the second respondent dated 1.7.2009 and after setting aside para 2 of the said order, he seeks for a further direction to select him for further promotion to the post of Assistant Engineer (Electrical) as he was in possession of a Post Graduate Degree recognized by the Government of Tamil Nadu and the University Grants Commission. The said qualification also satisfies Regulation 94 of the Tamil Nadu Electricity Board Service Regulations.

3.The impugned order, dated 1.7.2009, is a circular sent by the second respondent to all Superintending Engineers to keep in mind before recommending the candidates for recruitment by internal selection for Class II services (including Assistant Engineer (Electrical) and the qualification has also been prescribed. Paragraphs 1 and 2 of the order reads as follows:

"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 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."

4.In the second writ petition, i.e. W.P.No.13728 of 2009, the petitioner, who was working as a Junior Engineer (Electrical, Grade II), had also prayed for a similar relief.

5.The two writ petitions were admitted on 21.7.2009. Pending the writ petitions, an interim stay was granted. Subsequently, two applications were taken out by two individuals, seeking for impleading them as party respondents. They were also impleaded by this court as third respondents vide order, dated 1.12.2009. They had also filed applications to vacate the stay order, which are yet to be numbered. However, since the counsels have expressed some urgency, the matters were taken up with the consent of both sides. On behalf of the respondent Board, a counter affidavit has also been filed.

6.According to the petitioners, Regulation 94 had prescribed qualification for entering into the service of the Board, which reads as follows:

"94.Qualifications:

(a)No person shall be eligible for appointment to the post and by the method mentioned in Annexure-III, unless he possesses the qualification specified therein.

Note 1: In cases where the Regulations prescribe a degree or diploma as a qualification, then a degree or diploma granted by any of the Universities or Institutions recognised by the University Grants Commission for purpose of its grants or any of the Universities recognised by the Government of Tamil Nadu, shall be recognised as the qualification.

Note 2:In cases where the Regulations prescribe a Diploma in a particular subject as a qualification, then a Degree in that subject should be deemed to be a higher qualification, and where a lower qualification or its equivalent is prescribed for appointment to any category, a person possessing a higher qualification will be eligible for appointment. "

7.The post of Assistant Engineer (Electrical) comes under category 3. Annexure 1 for internal selection and direct recruitment for the post of Assistant Engineer (Electrical) 1:1 ratio will have to be followed, which reads as follows:

Category 3 Assistant Engineer Internal Selection and Direct (Electrical) Recruitment in the ratio of 1:1 For the purpose of appointment by Internal selection, the selection shall be made on the basis of service rendered after acquiring the B.E. Degree or equivalent qualification.

Note 1:Those who have been recruited as Assistant Engineers (Telecommunication) shall be merged in the cadre of Assistant Engineers (Electrical) and their seniority fixed with reference to the date of their appointment as Assistant Engineer (Telecommunication).

Note 2:Every batch of recruits to the category of Assistant Engineer (Electrical) shall consist of persons possessing the prescribed qualifications for appointment as Electrical Engineers, Telecommunication Engineers, and Instrumentation Engineers and Computer Engineers in the following percentage ratio:-

Electrical Engineers 91% Telecommunication Engineers 5% Instrumentation Engineers 2% Computer Engineers 2%

8.The qualification prescribed in the annexure for the post of Assistant Engineer (Electrical) is as follows:

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Post	   Method of Recruitment	Qualification 	
 (1)             (2)			    (3)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 
Assistant    Internal selection or   (a)Must not have completed or
Engineer     Direct recruitment        will not complete 30 years
(Electrical)				of age on the first day of
					July of the year in which
					the selection for 
					appointment is made, if
					recruited direct.
				      (b)(i)A Degree in Electrical 
				        Engineering or Electronics
					and Communication Engi-
					neering or Instrumentation
					Engineering or Computer
					Engineering of the Chennai 
					or Annamalai University or
					Equivalent qualification.
						Or
					(ii)A Diploma in Electrical 
					Engineering of the College
					of Engineering Guindy 
					obtained before 1944;
						Or
					(iii)Subject to the
					following conditions,
					a pass in Sections A and B
					of the A.M.I.E. (Ind.)
					Examination, with
					Electrical Engineering
					(General) and any two of 
					the following subjects 
					under section B as optional
					or additional subjects:

					(i)Electrical Supply and
					Power Distributions.
					(ii)Electrical Machinery.
		   		      (iii)Electrical Installation
				      (iv)Electrical Measurements.
				      (v)Thermodynamics and Heat
				       Engines (Steam and Internal
				       Combustion)
				       (vi)Hydro Electricity.
				       (vii)Hydraulics or Hydraulic
					Machinery.

				       (a)Should furnish evidence
				        of having undergone 
					practical training in
					"Surveying" for at least 
					one year, or hold the Upper
					Subordinate or L.C.E.
					Diploma of the College of
					Engineering, Guindy or any
					other qualification
					recognised as equivalent
					thereto; and
				       (b)Should have had practical
					experience for a period of
					not less than four years
					after passing Section A 
					and B of the A.M.E.I.(Ind.)
					Examination, which should 
					include practical 
					experience for a period 
					not less than one year in
					erection, maintenance or
					construction works.
		
					Provided that no candidate
					possessing the Diploma in
					Electrical Engineering or
					a pass in Sections A and B
					of the A.M.I.E.(Ind.)
					Examination, shall be
					eligible for appointment as
					Assistant Engineer
					(Electrical) if a suitable
					candidate possessing the
					Degree in Electrical 
					Engineering is available 
					for such appointment.
						(Emphasis added)

9.It is the claim of the petitioners that the petitioner in W.P.No.13715 of 2009 has the following qualification and service:

Qualification Details: (M.Rajiv Suresh) Sl.No. Name of the Degree Duration Month/Year of completion Name of the University/Institution 1 B.Sc. (Computer Science) 3 years April 2000 University of Madras Regular Course Sri Sankara Arts & Science College, Kancheepuram 2 M.S., (Information Technology) 2 years April, 2003 Bharathidasan University, Trichy. Regular Stream (Distance Education) 3 M.Phil., (Computer Science) 1 year May 2005 Bharathidasan University, Trichy Regular Stream (Distance Education) 4 M.Tech., (Computer Science and Engineering) 3 years May 2007 Dr.M.G.R. Educational & Research Institute/Chennai. Dr.M.G.R. Deemed University, Part Time 5 GRADUATE Member

-

April 2008 The Institution of Engineers (India), Kolkatta.

Given exemption from writing Section A & B of A.M.I.E. Examinations in Computer Engineering Division.

Equivalency Certificate 2005 Dr.M.G.R. Deemed University, Chennai. Recognizing my qualification as Credit Equivalent to B.Tech degree course conducted by that university.

Service Details:

Date of joining in the Board 9501 Service Details Split up

09.05.2001 to 08.05.2003 as Helper (Trainee) 09.05.2003 to 31.10.2004 as Helper 01.11.2004 to 28.02.2007 as Wireman 01.03.2007 to 29.09.2008 as cadre converted to Commercial Assistant 30.9.2008 to till date as Commercial Inspector

10.The petitioner in W.P.No.13728 of 2009 has the following qualification and service:

Qualification Details: (B.Krishnakumar) Sl.No. Name of Degree/Diploma Duration Month & Year of completion Name of University/Institution 1 Diploma in Computer Tech.

3 years April 1995 Central Polytechnic, Chennai approved by DOTE (Regular) 2 B.Sc (Maths) 3 Years April 2001 University of Madras, Thro' correspondence Education (On regular stream) 3 M.Sc.(Information Technology) 2 years October, 2005 University of Madras, Thro' Correspondence Education (On regular stream) 4 M.E.(Computer Science & Engg.) 2 years April 2006 Sathyabama Institute of Science & Technology, Deemed University, Chennai (part time) 5 Graduate Member

--

Feb. 2007 By giving exemption from writing the Examinations in Sections (A) & (B) in Computer Science & Engg. Branch.

History of Service:

S.No. Date Post held 1 101299 As Typist on compassionate grounds 2 1803 As Technical Assistant/Electrical thro' Internal Selection 3 9109 As Junior Engineer/Electrical Grade-II on promotion

11.It was submitted that since the petitioners have more qualifications than what was required, their cases for promotion will have to be considered. In the impugned circular, it was stated that the employees who were acquiring B.E. Degree through distance education from any Universities and acquiring M.E./M.Tech. Degree without basic qualification of B.E. Degree, are not eligible for consideration to the post of the Assistant Engineer (Electrical) by internal selection.

12.In the case of the petitioners, both the petitioners were not having any Engineering Degree at all. They are in possession of P.G. Degree in Computer Science and Engineering. Therefore, they wanted to contend that excluding candidates having Post Graduate degree qualification in Engineering even though they may not have basic degrees was illegal. Therefore, they should be considered for promotion.

13.However, such a plea was rejected by this court vide its judgment in N.Viswanathan and others Vs. Tamil Nadu Electricity Board, rep. By its Chairman, Chennai-2 and others reported in 2009 (8) MLJ 1347. In that case, this court held that the diploma obtained from the correspondence course cannot be considered to be a qualification recognized by Regulation 94. Rejecting the pleas of having Post Graduate degree qualification without minimum degree should be considered as equivalent qualification, this court also referred to the judgment of the Supreme Court in Annamalai University v. Information & Tourism Deptt. reported in (2009) 4 SCC 590. In that case, such pleas were rejected by the Supreme Court.

14.Alternately, Mr.R.Singaravelan, learned counsel for the petitioners referred to Regulation 94 read with its Annexure, wherein possession of a pass in Sections A and B of the A.M.I.E. (Ind.) examinations was considered to be equivalent to a degree in Electrical Engineering. The petitioners claim to be in possession of such qualification. Both the petitioners claimed that they were given exemption from writing the examination in Sections A and B of A.M.I.E. Examination. Therefore, they are entitled to be considered as having possessed the qualification in A.M.I.E.

15.In the counter affidavit, the stand taken by the Board was that the petitioners did not have a graduation in engineering. Their Post Graduate degree cannot be equated and they had not possessed the basic qualification of having four years B.E. Degree course. With reference to alternative qualification regarding possession of AMIE, in respect of the petitioner in W.P.No.13715 of 2009, in paragraph 7, it was averred as follows:

"7.I respectfully submit that the petitioner has informed that he has passed M.Tech. Course in Computer Science and Engineering from Dr.M.G.R. Deemed University, Chennai and is exempted from Section A & B Examination from AMIE (India). The Board has requested the Institution of Engineers (India), Kolkata to confirm whether the membership certificates of the Institution of the employee may be considered as AMIE Certificate for the post of Assistant Engineer/Electrical by Internal Selection and the Deputy Director of Institute of Engineers (India) has replied that since the Board employee did not pass section A & B examination, he cannot be considered having AMIE Qualification. However, the exemption granted from Section A & B examination would entile him for Membership of the Institution only."

16.In respect of the petitioner in W.P.No.13728 of 2009, in the counter affidavit in paragraph 7, it was stated as follows:

"7.I respectfully submit that the petitioner has informed that he has passed M.E. Course in Computer Science and Engineering from Sathyabama Institute of Science and Technology Chennai and is exempted from Section A & B Examination from AMIE (India). He has also informed the Board that he has already qualified for Section A & B in AMIE (India) under Computer Science & Engineering discipline and as such he is eligible for appointment to the post of Assistant Engineer/Electrical. He has requested for appointment as Assistant Engineer/Electrical by taking the certificate issued by the AMIE(India). Based on the representation given by the petitioner, the Board has requested the Institution of Engineers (India), Kolkata to confirm whether the certificates of the petitioner may be considered as AMIE Certificate for the post of Assistant Engineer/Electrical by Internal Selection and the Deputy Director of Institute of Engineers (India) has replied that since the petitioner did not pass section A & B examination, he cannot be considered having AMIE Qualification. However, the exemption granted from Section A & B examination would entile him for Membership of the Institution only."

17.Mr.M.Vaidyanathan, learned counsel appearing for the TNEB also produced a copy of the letter received from the Institution of Engineers (India), dated 4.11.2008 answering their queries regarding the qualification of B.Krishnakumar. The operative portion of the letter reads as follows:

"The Institution conducts examinations in Sections A & B in various disciplines of engineering for its members. After passing the same, the candidates are awarded AMIE diploma which is equivalent to B.E. as approved by MHRD. The Institution also accepts certain educational clarifications which are exempted from passing Sections A & B examinations for getting corporate membership of this Institution. In the instant case, since Shri B.Krishnakumar did not pass Sections A & B examination, he cannot be considered having AMIE qualification. However, he has the qualification which is an acceptable qualification as exempting from Sections A & B examination for membership of the Institution only."

18.On the strength of the letter, it was contended that the petitioners though might have got exemptions from passing Sections A and B of AMIE only for getting corporate memberships in their institution. In case, they did not pass Sections A and B examinations, they cannot be considered having AMIE qualification and that exemption was granted only to have membership. The petitioners, therefore, cannot claim that they are in possession of AMIE qualification as contained in Regulation 94 read with annexure. Therefore, the attempt by the petitioners to contend that they are having necessary qualification as prescribed in the service regulations cannot be countenanced by this court.

19.In fact, in Viswanathan's case (cited supra), this Court had already dealt with extensively the scope of judicial review with reference interfering with the prescribed qualification for entering into any post and rejected the contentions made by similarly placed persons, who had obtained degrees through correspondence for the very same post. In paragraphs 36 and 37, it was observed as follows:

36.In W.P.No.18988 of 2009, it is a case of Engineering graduates making similar claims. The nine petitioners in that W.P. have sought for selection to the posts of Assistant Engineer (Electrical). The petitioners' have got their degrees obtained from the Institute of Advanced Studies in Education University (IASE), Gandhi Vidya Mandir, Sardarshahr, Rajasthan, which was a deemed university, under the correspondence system. Their claims were rejected and their degrees were considered not equivalent to the degree required for the very same reasons.

37.In addition, it was also stated that the respondents have given a posting order to one Vijay Sekar, G on 26.8.2007 on the basis of the degree obtained by him from IGNOU. The petitioners cannot cite an isolated example as the ground for getting their degrees recognized by the respondent TNEB. One illegality cannot be a ground to make the Board to commit further illegalities.

20.Being conscious of rejection of such contentions, the petitioners have come forward with an alternative plea of having the AMIE qualification. But, the communication sent by the Institution of Engineers (India) as well as the records produced clearly shows that the petitioners did not pass A and B sections of AMIE. Their claim to have exemption from passing A and B sections is purely a concession given by the Institution of Engineers only to have corporate membership. That by itself cannot enable the petitioners to claim that they are in possession of the qualification prescribed under Regulation 94 read with Annexure 1 of the TNEB Service Regulations.

21.In the light of the above, both the writ petitions will stand dismissed. No costs. Consequently, connected miscellaneous petitions also stand dismissed.

vvk To

1.The Tamil Nadu Electricity Board, represented by the Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai-2.

2.The Chief Engineer/Personnel, Tamil Nadu Electricity Board, 8th Floor, NPKRR Maaligai, 800,Anna Salai, Chennai 2

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