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
https://www.mhc.tn.gov.in/judis
1
WP.Nos.28402 of 2019 and 1737 of 2020
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
https://www.mhc.tn.gov.in/judis
2
WP.Nos.28402 of 2019 and 1737 of 2020
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
https://www.mhc.tn.gov.in/judis
3
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 https://www.mhc.tn.gov.in/judis 4 WP.Nos.28402 of 2019 and 1737 of 2020 (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 https://www.mhc.tn.gov.in/judis 5 WP.Nos.28402 of 2019 and 1737 of 2020 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 https://www.mhc.tn.gov.in/judis 6 WP.Nos.28402 of 2019 and 1737 of 2020 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 https://www.mhc.tn.gov.in/judis 7 WP.Nos.28402 of 2019 and 1737 of 2020 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 https://www.mhc.tn.gov.in/judis 8 WP.Nos.28402 of 2019 and 1737 of 2020 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 https://www.mhc.tn.gov.in/judis 9 WP.Nos.28402 of 2019 and 1737 of 2020 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.” https://www.mhc.tn.gov.in/judis 10 WP.Nos.28402 of 2019 and 1737 of 2020
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:
https://www.mhc.tn.gov.in/judis 11 WP.Nos.28402 of 2019 and 1737 of 2020 “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 & https://www.mhc.tn.gov.in/judis 12 WP.Nos.28402 of 2019 and 1737 of 2020 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 https://www.mhc.tn.gov.in/judis 13 WP.Nos.28402 of 2019 and 1737 of 2020 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 https://www.mhc.tn.gov.in/judis 14 WP.Nos.28402 of 2019 and 1737 of 2020 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 https://www.mhc.tn.gov.in/judis 15 WP.Nos.28402 of 2019 and 1737 of 2020 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 https://www.mhc.tn.gov.in/judis 16 WP.Nos.28402 of 2019 and 1737 of 2020 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.
https://www.mhc.tn.gov.in/judis 17 WP.Nos.28402 of 2019 and 1737 of 2020
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 https://www.mhc.tn.gov.in/judis 18 WP.Nos.28402 of 2019 and 1737 of 2020 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
https://www.mhc.tn.gov.in/judis
19
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 https://www.mhc.tn.gov.in/judis 20 WP.Nos.28402 of 2019 and 1737 of 2020 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 https://www.mhc.tn.gov.in/judis 21 WP.Nos.28402 of 2019 and 1737 of 2020 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.
https://www.mhc.tn.gov.in/judis 22