ORDER: (V. Sujatha, J.) : 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 Memo No.SE/O/NLR/PO/JAO/Adm/SA- 1/F.No.40/D.No.510/15 dt.11.6.2015 issued by the 3rd respondent and not considering the diploma qualification of the petitioners for appointment by transfer to the post of Sub-Engineer as illegal and arbitrary and consequently direct the 3rd respondent to consider the claims of the petitioners for appointment by transfer to the post of Sub- Engineer by considering the diploma Qualification of the petitioners...”. 2. The petitioners herein are line men working in the 1st respondent corporation and have acquired Diploma Qualification in Electrical Engineering from Janardan Rai Nagar Rajasthan Vidyapeeth University, Udaipur, Rajasthan State in the year 2012. The petitioners submit that the post of Sub-Engineer is the next higher category to Linemen, which post is recruited either directly or by transfer from the employees with two years’ experience after acquiring diploma qualification. As the petitioners have acquired the said diploma qualification in Electrical Engineering in the year 2012, they are eligible for appointment to the post of Sub-Engineer by transfer. 3. As such, the petitioners have submitted applications to the 3rd respondent, requesting appointment by transfer as Sub-Engineer. But, the 3rd respondent has returned the petitioner’s applications, on the sole ground that they have acquired diploma qualifications from other State Universities, which is beyond the jurisdiction of Andhra Pradesh. It is further stated in the writ petition that the 1st respondent has issued instructions in Memo dated 11.09.2015, to the Superintending Engineers (Operations), informing that the candidates from lower cadres who have acquired diploma qualifications through Correspondence Cum Contact (CCC) mode up to 2009, may be considered for appointment by transfer to the post of Sub-Engineer. Another memo dated 15.09.2015 was also issued stating that the diplomas of the incumbents who got admitted into the courses till the year 2009 and qualification acquired later may also be considered for appointment by transfer to the post of Sub-Engineer. Another memo dated 15.09.2015 was also issued stating that the diplomas of the incumbents who got admitted into the courses till the year 2009 and qualification acquired later may also be considered for appointment by transfer to the post of Sub-Engineer. The main grievance of the petitioners is that in spite of the said instructions from the 1st respondent as referred supra, the petitioners’ request was rejected though they got admitted into the course in the year 2009 in the university which is recognized by the UGC, AICTE and has recognition from Distance Education Council. Aggrieved by the action of the respondents in rejecting the request of the petitioners for appointment to the post of Sub-Engineers vide impugned memo dated 11.06.2015, though they are eligible for the same in view of the memos dated 11.09.2015 and 15.09.2015, the present writ petition is filed. 4. The respondents have filed a detailed counter wherein the fact that the petitioners have submitted an application for appointment to the post of Sub-Engineer was admitted and further stated that the petitioners possessing the having diploma certificates that are obtained from the University from the state of Rajasthan, which does not have any statutory recognition. It is further stated that the instructions were issued in memos dated 11.09.2015 and 15.09.2015 as a reply to the clarification sought by the 3rd respondent, which shall not be taken into consideration while adjudicating the case, as the same was issued in discharge of administrative powers. It is further stated that APTRANSCO has issued T.O.O.Ms.No.83 and 101, dated 26.05.2015, which was duly adopted by the 3rd respondent by way of S.O.O.Ms.No.114, dated 04.06.2015 wherein clear instructions were issued with regard to consideration of educational qualifications acquired by the employees of Distribution Licensees which was following in toto, challenging which, several writ petitions were filed. 5. It is further stated in the counter affidavit that the issue relating to recognition of educational qualifications acquired through Distance Mode/Correspondence cum Contract on par with regular study for counting or for extending the service benefits to the employees was raised in a writ petition vide W.P.no.16355 of 2007, wherein the following interim order was passed on 24.04.2008: “It is not doubt true that on an earlier occasion, this Court passed a detailed order in WPMP No.28837 of 2007 in relation to the equivalence of educational qualifications in the context of promotions. Several clarifications came to be issued and order passed in quick succession leading to uncertainty. Further, the clarifications were issued by the authorities other than the Board. Hence, it is directed that no further promotions shall be affected on the basis of the clarifications issued from time to time as regards the equivalence of educational qualifications, till the Board itself takes a comprehensive decision in this regard. It is, however, made clear that such of the promotions, which do not warrant the equivalence of educational qualifications, may go on.” 6. In pursuance of the aforesaid orders and other orders passed by this Court in similar cases, APTRANSCO, vide T.O.O.Ms.no.134, dated 11.09.2008 has issued comprehensive orders regarding Recognition of Diplomas/Degrees awarded by the Universities/Deemed Universities/Institutions for the pending as well as fresh cases. It is further stated in the counter that in case of distance mode education, the university shall have recognition from Distance Education Council under the Indira Gandhi National Open University in addition to UGC and AICTE. Thereafter, the Indira Gandhi National Open University, Distance Education Council, vide letter dated 13.08.2009 has issued a notification stating that the Ministry of HRD vide letter no.D.O.No.6-7/2009-DL, dated 29.07.2009 has directed the DEC to immediately withdraw permission given to various institutions to conduct B.Tech/BE programmes through Distance mode and also to ensure that no student is admitted from that academic year i.e. 2009- 2010. 7. It is further stated that the APTRANSCO has issued the following instructions in Circular Memo dated 13.09.2013, on non-recognition of Degree/Diplomas awarded to the courses offered under distance: “i. Institute of Advanced of studies in education (IASE), Rajasthan is a deemed to be university recognized by University Grants Commission under section 3 of UGC Act, 1956. The Deemed to be Universities run their academic programs defined under section 22 of UGC Act through class room teaching mode only. ii. UGC has not given approval to any deemed to be University either for starting their academic programs through distance mode or to run study centres in various parts of the country for this purpose UGC vide notice F.6-9/2001 (CPP.1) dt: 23 August, 2005. iii. UGC has not approved the conditional ex-post facto approval given by the Distance Education Council to the said Universities for their academic programs offered through Distance Education mode upto the year 2005 for which the approval of the UGC is mandatory. iv. iii. UGC has not approved the conditional ex-post facto approval given by the Distance Education Council to the said Universities for their academic programs offered through Distance Education mode upto the year 2005 for which the approval of the UGC is mandatory. iv. The UGC Vide Lr.No.f.6-25/2001(CPP.1) has clearly stated that the UGC regrets its inability to grant ex-post facto approval for study centres run under distance mode offering various courses by IASE and directed to close down their study centres immediately. v. As per the Notification F.No.DEC/Website dt: 05.01.2006, the DEC clarified that the State Universities/Deemed to be Universities are not permitted to offer distance education outside the State of their location and private study centres/franchising are not permissible. vi. As per the Gazette notification No.44, dated 01.03.1995 of Government of India, Degree/Diploma not recognized by DEC will not be considered eligible for Government services. vii. For the Courses run under the distance mode, the approval of UGC-AICTEDEC Joint committee and letter of course wise approval under the signature of members of Joint Committee is required and this has not been issued by DEC. viii. UGC in its Notification, cautioned the students and advised not to take admission in the unapproved Off/Campus/Off-Shore Campus(s)/Study Centres/Colleges affiliated to Deemed Universities and courses run under distance mode (without the approval of UGC-AICTE-DEC Joint Committee). Study centres established by Deemed Universities are only for the purpose of advising, counselling and no student should be admitted in these centres. (ix) AICTE stated that, it has been the policy of AICTE, not to recognise the qualifications acquired through distance education mode at Diploma, Bachelors & Masters level in the fields of Engineering, Technology, Architecture, Town Planning, Pharmacy, Hotel Management & Catering technology are not recognised and the qualification acquired through distance mode may not be recognised for the purpose of employment under Central Government or for any other purpose vide Advt. No.. UB/04(01)/2011 of AICTE. (x) The above rule is applicable to all Universities including Deemed to be Universities like IASE, Rajasthan. (xi) The UGC, which is an appropriate and authorised body, has not recognized the Distance Education programme and study centres of the Deemed to be universities. (xii) The AICTE itself stated that, its approval is mandatory for professions programs and UGC for general education programs. AICTE has not granted approval to any University to run Engineering Course Under Distance Mode.” 8. (xii) The AICTE itself stated that, its approval is mandatory for professions programs and UGC for general education programs. AICTE has not granted approval to any University to run Engineering Course Under Distance Mode.” 8. It is further stated in the counter affidavit that in view of the instructions issued above, the educational qualification acquired by the employees through correspondent cum contract mode would not make the employees eligible to consider their candidature for appointment by transfer to next level. It is also stated that as per Section-10 of AICTE Act 1987, AICTE has powers to introduce new courses or programmes in consultation with agencies and also having powers to take decision pertaining to Technical Education with the agencies working under its control. As per their guidelines and in compliance of AICTE Act, 1987 provisions and other statutory rules, the State of Andhra Pradesh issued instructions with regard to validity and equality of educational qualifications acquired through regular or distance mode (CCC). In that way after following the instructions of the statutory authorities the APTRANSCO issued orders in T.O.O (Addl.Secy)Ms.No.83, dated17.04.2015, which was issued basing on the letter dated 17.10.2014 addressed by Andhra Pradesh State Council of Higher Education and letter dated 12.03.2015 issued by the Energy Department, Government of Andhra Pradesh. As such the APTRANSCO issued the above stated orders which was duly adopted by the 3rd respondent authorities. 9. It is further submitted that the Government of India as per their Gazette Notification No.44, dated 01.03.1995 clarified that the Degree/ Diploma which is not recognized by the Distance Education Council will not be considered as eligible for Government Services. AICTE stated that, it has been the policy of AICTE, not to recognise the qualifications acquired through distance education mode at Diploma, Bachelors & Masters level in the fields of Engineering, Technology, Architecture, Town Planning, Pharmacy, Hotel Management & Catering Technology and the qualification acquired through distance mode may not be recognised for the purpose of employment under Central Government or for any other purpose vide Advt. No. UB/04(01)/2011 of AICTE. 10. Further reliance was placed in the counter with regard to an interim order passed by this Court in W.P.no.39900 of 2014 filed by the employees working with the 3rd respondent authorities. No. UB/04(01)/2011 of AICTE. 10. Further reliance was placed in the counter with regard to an interim order passed by this Court in W.P.no.39900 of 2014 filed by the employees working with the 3rd respondent authorities. The following interim order was passed on 27.01.2015, in the above writ petition: “"Learned Standing Counsel for the State Board of Technical Education and Training (SBTET) would bring to my notice that the State Government has convened a meeting with the Andhra Pradesh State Council of Higher Education and the State Board of Technical Education and Training for the purpose of recognition of diplomas awarded for the courses offered under distance mode education through Contact Study Centers by the deemed universities as well as the degrees and diplomas obtained from the State Board of Technical Education and Training as well as Jawaharlal Nehru Technological University, Hyderabad. After carefully studying the entire matter, the Andhra Pradesh State Council of Higher Education has communicated Its decision through letter dated 17.10.2014 addressed to the Special Secretary to the Government, Higher Education Department, and both the States of Andhra Pradesh and Telangana informing that the diplomas offered in Correspondence-cum-Contact (CCC) mode by the SBTET need to be treated as valid like any other regular diplomas offered by the SBTET for all purposes of education and employment. The State Council of Higher Education has also viewed that the cut off date till the year 2009 may be stipulated in respect of B. Tech in CCC mode by SCDE, JNTUH since there is no vertical mobility from diploma (CCC mode) to B.Tech (CCC mode). In this view of the matter, the respondents would appropriately get guided in the matter and take a decision with regard to the suitability and eligibility of the candidates, who have obtained the degree in CCC mode or diploma in CCC mode". 11. It is further stated that this Court has passed the aforementioned order duly considering the letter dated 17.10.2014 given by A.P State Council for Higher Education and subsequently considering the said clarification only the APTRANSCO issued T.O.O (Addl. Secy.) Ms.No.83, dated 17.04.2015. It is further stated that the APTRANSCO itself kept in abeyance its own orders issued in T.O.O (Addl. Secy.) Ms.No.83, dated 17.04.2015 until disposal of legal cases in subsequent date i.e., T.O.O (Addl. Secy.)Ms.No.101, dated 26.05.2015 which was duly adopted by 3rd respondent authorities and issued S.O.O (CGM-HRD) Ms.No.114, dated 04.06.2015. Secy.) Ms.No.83, dated 17.04.2015. It is further stated that the APTRANSCO itself kept in abeyance its own orders issued in T.O.O (Addl. Secy.) Ms.No.83, dated 17.04.2015 until disposal of legal cases in subsequent date i.e., T.O.O (Addl. Secy.)Ms.No.101, dated 26.05.2015 which was duly adopted by 3rd respondent authorities and issued S.O.O (CGM-HRD) Ms.No.114, dated 04.06.2015. The APTRANSCO issued orders in compliance of the clarifications issued by statutory authorities and duly following the orders passed by this Court which is perfectly legal. 12. It is further stated in the counter affidavit that on 20.11.2014, instructions were issued for appointment by transfer to the post of Sub-Engineer as there are several vacancies within the jurisdiction of this respondent authorities. Basing on the same the Superintending Engineer (Operation) who is the circle head for the administration requested clarification and in turn the 2nd respondent issued clarifications in Memo.No.CGM(HRD)/JS(HR)/DGM-1/ POI/ JPO-III/D.No.288/15, Dt: 11.09.2015 and Memo.No.CGM(HRD)/ JS(HR)/DGM-I/PO-I/JPO-III/D.No.295/15, Dt: 15.09.2015 subject to outcome of court cases pending before this Hon'ble Court, which cannot be found fault and the same is legal as there are vacancies in the cadre of Sub-Engineer. Due to non-availability of technical staff it has become difficult to overcome the administration exigencies and in order to meet the consumer requirements 3rd respondent authorities are taking steps to fill the vacancies arrived due to superannuation or promotions by a regular or temporary basis and in that way the above clarifications were issued as a part of administration. It is further stated that the 3rd respondent has issued orders dated 11.06.2015 pertaining to petitioners herein after considering the instructions and clarifications issued by other respondents only. Basing on the same, as the petitioners are not having requisite eligible educational qualification, their request is duly rejected which cannot be found fault. Hence, requested to dismiss the writ petition. 13. Heard learned counsel for the petitioners and Sri. V. R. Reddy Kovvuri, learned Standing Counsel for APSPDCL. 14. The facts of the writ petition are not in dispute. However, it can be seen that the 1st respondent has issued instructions in Memo dated 11.09.2015, to the Superintending Engineers (Operations), informing that the candidates from lower cadres who have acquired diploma qualifications through Correspondence Cum Contact (CCC) mode up to 2009, may be considered for appointment by transfer to the post of Sub- Engineer. However, it can be seen that the 1st respondent has issued instructions in Memo dated 11.09.2015, to the Superintending Engineers (Operations), informing that the candidates from lower cadres who have acquired diploma qualifications through Correspondence Cum Contact (CCC) mode up to 2009, may be considered for appointment by transfer to the post of Sub- Engineer. In the year 2015, another memo dated 15.09.2015 was also issued stating that the diplomas of the incumbents who got admitted into the courses till the year 2009 and qualification acquired later may also be considered for appointment by transfer to the post of Sub-Engineer. In spite of the said instructions from the 1st respondent as referred supra, the petitioners’ request was rejected though they got admitted into the course in the year 2009 in the university which is recognized by the UGC, AICTE and has recognition from Distance Education Council. 15. Though learned Standing Counsel has brought 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 Hon’ble Supreme Court, they did not dispute the fact that a clarification was issued thereafter by the Hon’ble 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. 16. In view of the above discussion, this Court is of the opinion that the qualification secured by the petitioners, i.e. a diploma in electrical engineering from the IASE, Rajasthan, has to be recognised for appointment to the post of Sub-Engineer by transfer. 17. Accordingly, this writ petition is allowed, duly setting aside the impugned memo dated 11.06.2015 and the respondents are directed to consider the case of the petitioners for appointment to the post of Sub-Engineer by transfer, if they are within the zone of consideration, on the strength of the diploma in electrical engineering secured by them from the IASE, Rajasthan. There shall be no order as to costs. Consequently, miscellaneous applications, pending, if any, shall also stand closed.