Andhra Pradesh High Court - Amravati
Tanikonda Parsuramudu, vs Eastern Power Distribution Company Of ... on 28 July, 2022
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THE HON'BLE Dr.JUSTICE K. MANMADHA RAO
WRIT PETITION No.17238 of 2021
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
".....to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not considering the cases of the petitioners for appointment by transfer/ conversion to the posts of Junior Engineer (HEs) in the 1st respondent company though the petitioners possess required educational qualifications as illegal, arbitrary and unjust and consequently direct the respondents to consider the cases of the petitioners for appointment by transfer/ conversion to the posts of Junior Engineers (JEs) in the 1st respondent company along with other candidates in the list prepared by the 1st respondent company forthwith and pass such other orders."
2. Heard Mr. N. Siva Reddy, learned Standing Counsel for the petitioners and Mr. Metta Chandrasekhara Rao, learned Standing Counsel for the APEPDCL for the respondents.
3. Learned counsel for the petitioner would contend that the petitioners 1 to 4 are working as Line Inspectors and 5th petitioner, who is working as Lineman in the 1st respondent organization. The petitioners 1 to 4 are working in East Godavari District and 5th petitioner was appointed as helper on 03.02.1993 in APSEB and promoted as Assistant Lineman in 1997 and further promoted as Lineman in 2001 and continuing as such till date and working at Kovvur Section. The 6th petitioner also appointed as Helper in erstwhile APSEB on 03.02.1993 and promoted as Line Inspector in 20019 and working at Lakkavaram Section and the petitioners have 2 acquired Diploma in Electrical Engineering from Institute of Advanced Studies in Education (IASE) a Deemed to be University at Sardarshahr Rajastan through distance mode after obtaining No Objection Certificate from the 1st respondent. The Diplomas awarded by the said institution were recognized for employment and promotion by the 1st respondent and also by State Government. The petitioners have obtained Certificate in Diploma in Engineering and the same was submitted to their Unit Heads, who in turn sent for verification to the Controller of Examinations and they were found to be correct. As the petitioners qualified to be appointed by transfer to the post of Junior Engineer (JE), the petitioners submitted representations from 2017 onwards. The 5th respondent included the names of the petitioners in the list for appointment by transfer/ conversion to the 2nd respondent vide letter dated 03.11.2020, but the 1st respondent has prepared a list for appointment by transfer to the post of Junior Engineers and their names were not included. Aggrieved by the same, the present writ petition came to be filed.
4. Per contra, the 2nd respondent filed counter affidavit denying all material averments made in the writ affidavit and mainly contended that the service particulars of the petitioners submitted by the Superintending Engineers/ Operation Circles/ Rajamahendravaram and Eluru, wherein it is mentioned that the petitioners acquired DEEE, IASE (Deemed University) Rajastan Deemed University. As per the orders issued vide dated 11.09.2008, 27.10.2008 and 23.09.2008 all the Degrees/ Diplomas awarded to the programmes offered through Distance Education Mode by 3 Institute of Advance Studies in Education (IASE), Rajastan are not recognized degrees for recruitment, promotions, incentive increments or any other service benefits. The petitioners have submitted representations to the 1st respondent requesting to consider their Diplomas obtained through IASE, Rajastan for appointment by transfer/ conversion, which was forwarded for clarification. In view of clarification issued by the AICTE, the Diploma in Engineering and Technology awarded through distance learning mode by four deemed Universities i.e 1) JRN Rajastan Vidyapeeth, Rajasthan, 2) Institution of Advanced Studies Education, Rajasthan (IASE) 3) Allahabad Agricultural Institute (AAI) and 4) Vinayaka Mission's Research Foundation, Tamilnadu (VMRF) are not considered for appointment by transfer/ conversions in APEPDCL. In view of the same the petitioners are not entitled for the relief as claimed in the writ petition and same is liable to be dismissed.
5. During hearing learned counsel for the petitioners reiterated the facts urged in the writ affidavit. Whereas learned Standing Counsel for the respondents placed reliance on the decisions of various courts and contended that in view of the said decisions, the petitioners are not entitled for the relief as claimed in the writ petition.
6. Learned counsel for the petitioners placed on record the order of the Division Bench of the erstwhile High Court of A.P in W.P.No.17573 of 2017, dated 30.04.2018 and requested to issue similar decision in this matter also.
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7. Admittedly, the name of the petitioners mentioned in the list for appointment by transfer/ conversion by the 5th respondent and forwarded to the 2nd respondent vide letter dated 03.11.2020, but the 1st respondent has prepared a list for appointment by transfer to the post of Junior Engineers, wherein the name of the petitioners were not mentioned. Therefore it is made clear that the Government recognized the Diploma in Civil Engineering acquired by the petitioners from the IASE, Rajastan, for employment purposes.
8. Learned counsel would also bring it to the notice of this Court that the similar issue decided by the Hon'ble Division Bench of the erstwhile High Court in W.P.No.16212 of 2016, dated 28.05.2017, wherein it was held that directing the respondents to consider the case of the petitioners therein.
9. Though learned Standing Counsel for the respondents would bring it to the notice of this Court that the issue of recognition of Degrees awarded by the Deemed Universities was the subject matter of consideration before the Supreme Court, they does not dispute the fact that a clarification was issued thereafter by the Supreme Court in the said batch of cases to the effect that it had not considered the validity of the courses offered by the Deemed Universities leading to Diplomas and had only considered such courses in the context of Degrees awarded by such Deemed Universities.
10. Therefore, this Court is of the opinion that the qualification secured by the petitioners, being a Diploma in Engineering from the 5 IASE, Rajastan, necessary has to be recognized for employment purposes in the State of Andhra Pradesh.
11. Accordingly the Writ Petition is allowed, while setting aside the order under challenge and directing the respondent authorities concerned to consider the case of the petitioners for promotion, if they are within the Zone of consideration, as and when promotions are taken up, on the strength of the Diploma in Engineering secured by him from the IASE, Rajastan. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
__________________________________ DR.JUSTICE K. MANMADHA RAO Date: 28.07.2022.
KK 6 THE HON'BLE Dr.JUSTICE K. MANMADHA RAO WRIT PETITION No.17238 of 2021 Date: 28.07.2022.
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