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Andhra High Court · body

2020 DIGILAW 254 (AP)

A. Venkata Reddy v. Tirumala Tirupathi Devasthanam

2020-03-18

T.RAJANI

body2020
ORDER : The petitioners are the ones, who passed the Polytechnic Diploma Course, on the basis of which they are appointed as Assistant Engineers in Electricity Wing in the Tirumala Tirupathi Devasthanam respondent Devasthanam. They obtained B.Tech Degree from Integrated Advanced Studies in Education, Rajasthan, through distance education mode. If the candidates have B.Tech course, they will be converted from the post of Assistant Engineers to the post of Assistant Executive Engineers. The designation of both the posts being the same, the additional benefit would be only one increment and the promotion to the post of Deputy Executive Engineer from the feeder category of Assistant Executive Engineer & Assistant Engineer at the ratio of 3:1. After obtaining the certificates, the petitioners made representation to the respondent-Devasthanam for such conversion. Since there was delay on the part of temple authorities, they approached the High Court by way of W.P.No.37487 of 2013. The court vide orders in WP MP No.46640 of 2013, dated 20.12.2013, in the said writ petition directed the respondent-temple to consider the case of the petitioners for conversion to the post of Assistant Executive Engineer on the ground that B.Tech degree was obtained from the Institute of Advanced Studies in Education, Rajasthan. While the temple authorities were inclined to implement the orders of this court, several cases were filed before the Supreme Court, relating to the certificates obtained from the deemed Universities of Distance Education. The Supreme Court in Civil Appeal No.17869-70 of 2017, dated 03.11.2017, issued directions to the AICTE-UGC at Paragraph No.66.4 directing to conduct appropriate test and to give two chances for the candidates to clear the test. A clarification was issued subsequently in MA Nos.1795-1796 of 2017 in Civil Appeal No.17869-70 of 2017 in respect of the candidates, who have already got the benefit by virtue of B.Tech course. It is also stated that if the candidates do not succeed in clearing the test within the stipulated time, the certificates shall stand cancelled and all the advantages shall stand withdrawn. Accordingly, the AICTE conducted the special examination as per the directions of the Supreme Court. The petitioners passed the test on the second occasion, due to which their Certificates would stand valid. Based on the said Certificate, conversion, as sought for, has to be effected by the temple authorities. Accordingly, the AICTE conducted the special examination as per the directions of the Supreme Court. The petitioners passed the test on the second occasion, due to which their Certificates would stand valid. Based on the said Certificate, conversion, as sought for, has to be effected by the temple authorities. There are about five vacancies to be filled up by way of promotion from the feeder category of Assistant Engineer/Assistant Executive Engineer. The respondent authorities constituted Departmental Promotion Committee in order to fill up the said five vacancies and a meeting was to be held on 19.10.2019. Though the petitioners made number of representations, the respondent authorities did not consider the request. The petitioners also filed contempt before the Supreme Court and the Supreme Court gave liberty to the petitioners to agitate the issue in accordance with law. Several departments have given promotion by relying upon the certificates obtained from the AICTE, but the respondent authorities are not considering the request. Hence, this writ petition seeking to direct the respondents not to conduct Departmental Promotion Committee meeting scheduled to be held on 19.10.2019 for promotion to the post of Deputy Executive Engineer and to declare the delay and inaction on the part of the respondent-Devasthanam in effecting such conversion as illegal and to consequently direct the respondents to convert the post of the petitioners from the post of Assistant Engineers to the post of Assistant Executive Engineers before giving promotion to the post of Deputy Executive Engineer (Electrical) in the respondent-Devasthanam. 2. The respondent filed counter admitting that there is a channel for an in-service Assistant Engineer (Electrical) on acquiring of Engineering degree and that he/she will be eligible for conversion to the post of Assistant Executive Engineer (Electrical), which carries higher scale of pay than the post of Assistant Engineer (Electrical), subject to the availability of vacancies and such conversion shall be made against the 6th vacancy only in the unit of 10 successive vacancies and remaining nine vacancies shall be filled by direct recruitment. As on the date of completion of the B.Tech Degree by the petitioners, there was an issue on the recognition of the IASE deemed to be University, Rajasthan conducting courses through distance mode and validity of Degrees/Diplomas awarded. As on the date of completion of the B.Tech Degree by the petitioners, there was an issue on the recognition of the IASE deemed to be University, Rajasthan conducting courses through distance mode and validity of Degrees/Diplomas awarded. On the clarification sought by the TTD, AICTE, in its letter dated 08.11.2006, clarified that no courses of Degree as well as Diploma level of IASE deemed to be University, Rajasthan, is approved by the AICTE. In view of the same, the candidature of the petitioners was not considered for conversion and no conversion was effected. One M.S.Hari Kumar and A.Venkat Reddy filed W.P.No.37487 of 2013 with a prayer to give directions to the Devasthanam to consider their B.Tech Degrees and to convert them as Assistant Executive Engineers (Electrical). By virtue of the orders in the said WP MP No.46640 of 2013, the court directed the TTD to consider the case of the petitioners for conversion to the posts of Assistant Executive Engineers, without disqualifying them on the ground that B.Tech degree was obtained by them from the IASE deemed to be University, Rajasthan. In the counter, it is also admitted about the writ appeal and the contempt case filed by the petitioners and the judgment of the Supreme Court and the clarification given by the Supreme Court subsequently. It is contended that on the basis of the clarification, the petitioners would not be entitled for promotional benefits based on the IASE, from retrospective date as they did not pass in the fist attempt. Hence, they seek to dismiss the writ petition. 3. Heard Sri Vedula Venkata Ramana, learned senior counsel appearing for the petitioners and Dr.Majji Suri Babu, learned standing counsel appearing for the respondent-Devasthanam. 4. There is no dispute with regard to the petitioners being entitled for conversion from the post of Assistant Engineer (Electrical) to the post of Assistant Executive Engineer (Electrical), but the issue is with regard to the Certificate of B.Tech that they possess. Admittedly, the petitioners have obtained B.Tech Degree from the Institute of Advanced Studies in Education through Distance Education Mode, which is not recognized. With regard to the validation of such Certificates issued by the IASE, the matter went upto Supreme Court and the ruling is reported in ORISSA LIFT IRRIGATION CORPN. LTD. Admittedly, the petitioners have obtained B.Tech Degree from the Institute of Advanced Studies in Education through Distance Education Mode, which is not recognized. With regard to the validation of such Certificates issued by the IASE, the matter went upto Supreme Court and the ruling is reported in ORISSA LIFT IRRIGATION CORPN. LTD. V. RABI SANKAR PATRO (2018) 1 SCC 468 , (hereinafter referred to as, “the judgment”) wherein the Supreme Court observed as follows: “Having found the entire exercise of grant of ex-post-facto approval to be incorrect and illegal, the logical course in normal circumstances would have been not only to set aside such ex-post-facto approvals but also to pass consequential directions to recall all the degrees granted in pursuance thereof in respect of Courses leading to award of degrees in Engineering. However, since 2004 UGC Guidelines themselves had given liberty to the concerned Deemed to be Universities to apply for ex-post-facto approval, the matter is required to be considered with some sympathy so that interest of those students who were enrolled during the academic sessions 2001-2005 is protected. Though we cannot wish away the fact that the concerned Deemed to be Universities flagrantly violated and entered into areas where they had no experience and started conducting courses through distance education system illegally, the over bearing interest of the concerned students persuades us not to resort to recall of all the degrees in Engineering granted in pursuance of said ex-post-facto approval. However, the fact remains that the facilities available at the concerned Study Centres were never checked nor any inspections were conducted. It is not possible at this length of time to order any inspection. But there must be confidence and assurance about the worthiness of the concerned students. We, therefore, deem it appropriate to grant some chance to the concerned students to have their ability tested by authorities competent in that behalf. We, therefore, direct that all the degrees in Engineering granted to students who were enrolled during the academic years 2001 to 2005 shall stand suspended till they pass such examination under the joint supervision of AICTE-UGC in the manner indicated hereinafter. Further, every single advantage on the basis of that degree shall also stand suspended. We, therefore, direct that all the degrees in Engineering granted to students who were enrolled during the academic years 2001 to 2005 shall stand suspended till they pass such examination under the joint supervision of AICTE-UGC in the manner indicated hereinafter. Further, every single advantage on the basis of that degree shall also stand suspended. The AICTE is directed to devise within one month from the date of this judgment modalities to conduct appropriate test/tests both in written examination as well as in practicals for the concerned students admitted during the academic sessions 2001-2005 covering all the concerned subjects. It is entirely left to the discretion of AICTE to come out with such modalities as it may think appropriate and the tests in that behalf shall be conducted in the National Institutes of Technology in respective States wherever the students are located. The choice may be given to the students to appear at the examination which ideally should be conducted during May-June, 2018 or on such dates as AICTE may determine. Not more than two chances be given to the concerned students and if they do not pass the test/tests their degrees shall stand recalled and cancelled. If a particular student does not wish to appear in the test/tests, the entire money deposited by such student towards tuition and other charges shall be refunded to that student by the concerned Deemed to be University within a month of the exercise of such option. The students be given time till 15th of January, 2018 to exercise such option. The entire expenditure for conducting the test/tests in respect of students who wish to undergo test/tests shall be recovered from the concerned Deemed to be Universities by 31.03.2018. If they clear the test/tests within the stipulated time, all the advantages or benefits shall be restored to the concerned candidates. We make it clear at the cost of repetition that if the concerned candidates do not clear the test/tests within the time stipulated or choose not to appear at the test/tests, their degrees in Engineering through distance education shall stand recalled and cancelled. It goes without saying that any promotion or advancement in career on the basis of such degree shall also stand withdrawn, however any monetary benefits or advantages in that behalf shall not be recovered from them.” 5. It goes without saying that any promotion or advancement in career on the basis of such degree shall also stand withdrawn, however any monetary benefits or advantages in that behalf shall not be recovered from them.” 5. From the above judgment, it is more than clear that two chances were given to the students to pass the test, which is to be held under the joint supervision of AICTE-UGC in the manner indicated therein. The advantages that have accrued on the basis of the degree from the deemed university of Rajasthan, would stand suspended during that period and if the candidates clear the test within the stipulated time, which is two attempts, all of the advantages or benefits shall be restored to the candidates. There is no dispute that the petitioners have cleared the examination within the two attempts. But the objection raised by the respondents is on the basis of the clarification given by the Supreme Court about the said Judgment in MA Nos.1795-1796 of 2017 in Civil Appeal Nos.17869-17870 of 2017 (hereinafter referred to as, “Clarified judgment”). 6. Applications were preferred seeking clarification and modification of the directions issued by the court in the judgment. The general submission advanced by all the learned counsel therein, that the candidates after securing the degrees in Engineering through distance education mode have advanced in career and their ability was tested at various levels and as such requirement of passing the examination in terms of the judgment be dispensed with in their case, was taken into consideration. It was sought that even if the judgment were to apply to the candidates whose qualifications were independently considered by an authority as UPSC, suspension of their degrees and all advantages flowing there from till they pass the tests, as indicated in the judgment, may not be insisted upon. Answering the said prayer, the Supreme Court held that such exception cannot be made, since the infirmity in their degrees is basic and fundamental and cannot be washed away. But, some force was found in the contention that if the suspension of the degrees and all the advantages were to apply, as indicated in the judgment, the concerned candidates may lose their jobs and even if they were to successfully pass the test, restoration of their jobs and present position would pose some difficulty. 7. But, some force was found in the contention that if the suspension of the degrees and all the advantages were to apply, as indicated in the judgment, the concerned candidates may lose their jobs and even if they were to successfully pass the test, restoration of their jobs and present position would pose some difficulty. 7. Considering all the submissions, the Supreme Court, as one time relaxation in favour of those candidates, who were enrolled during the academic years 2001-2005, and who, in terms of the judgment are eligible to appear at the test to be conducted by the AICTE, directed that all such candidates, who wish to appear at the forthcoming test to be conducted by AICTE in May-June, 2018 and who exercise option to appear at the test in terms of the judgment, can retain the degrees in question and all the advantages flowing there from, till one month after the declaration of the result of such test or till 31.07.2018, whichever is earlier. It does not specify that it would be only in respect of the candidates, who pass the tests. Hence, in spite of passing the tests, the advantages would be available to the candidates till after one month of the result of the test to be conducted in May-June, 2013 is published or till 31.07.2018, whichever is earlier. It does not mean that the degrees of the candidates, who passed in the second attempt, would not be valid. A further clarification, that if the candidates passed in such first attempt, they would be entitled to retain all the benefits, but if they fail or choose not to appear, the directions in the said judgment shall apply, in that degrees and all the advantages shall stand suspended and withdrawn, is also made. That is for the candidates, who do not wish to go for the second attempt and give up on their failure in the first attempt. It is also made clear that the candidates who fail in the first attempt will undoubtedly be entitled to appear on the second occasion in terms of the judgment, but this exception will not apply for such second attempt. It is also made clear that the candidates who fail in the first attempt will undoubtedly be entitled to appear on the second occasion in terms of the judgment, but this exception will not apply for such second attempt. The exception is with regard to the withdrawal of all the advantages during the period in which the candidates take the two attempts, which were permitted to be taken by virtue of the judgment of the Supreme Court in clarified judgment. The effect of the judgment is that the advantages would be suspended till the candidates take two attempts and pass, while the effect of the clarified judgment is that the advantages would be available till one month after the candidates results are declared or 31.07.2018 which ever is earlier. By virtue of the clarification, the Supreme Court only permitted the retention of the advantages for a candidate, who takes first attempt, irrespective of the fact that their degrees are not valid during that period. In this case, undoubtedly the petitioners have passed the examination on the second attempt. The certificate mentions that the degrees stand validated. The validation of a degree would relate back to the date of acquiring of the degrees. The test conducted by the AICTE-UGC is only to test the caliber of the candidates, who obtained the degrees from the deemed University of Rajasthan and if they are found to be of sufficient caliber, there would not be any need to deprive them of the advantages that they had from the degree from the deemed University. They only seek the advantages which stand resumed by virtue of the dicta of the Supreme Court, after their degrees are validated by the AICTE. 8. Hence, in view of the above, this court holds that the petitioners, whose degrees are validated, would be entitled for conversion form their posts of Assistant Engineers (Electrical) to Assistant Executive Engineers (Electrical) as prayed for. 9. With the above observations, the Writ Petition is allowed and the respondents are directed to convert the petitioners to the posts of Assistant Executive Engineers (Electrical) from the post of Assistant Engineers (Electrical) before giving promotion to the post of Deputy Executive Engineers (Electrical) in the respondent-Devasthanam, if they are otherwise eligible. As a sequel, the miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.