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2015 Supreme(AP) 312

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Nooty Ramamohana Rao, J.
Kukkala Venkateswarlu and Ors. - Appellants
Vs.
Acharya Nagarjuna University and Ors. - Respondents
Writ Petition Nos. 4962 and 7632 of 2015
Decided On: 22.06.2015

Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Pulla Rao Yellanki
For Respondents/Defendant: Srinivas Mantha

Headnote:

Service Matter – Selection to the posts of Assistant Engineer – Eligibility – Technical Education– Case of the petitioners is that they have obtained. degrees in Mechanical Engineering from University and Andhra University as the case be, whereas the 6 petitioners in have joined the service of Collieries Company Limited with ITI certificate and subsequently passed the Section A & B of Associate Membership Examination conducted by the Institution of Mechanical Engineers – It is their case that a pass in Section A & B of Associate Membership Course in Mechanical Engineering from the Institution of Mechanical Engineers is recognized by Government of India Ministry of Human Resources Development, Department of Higher Education and All India Council for Technical Education as equivalent to AMIE. Therefore, the petitioners claim that they are eligible to be recruited as Assistant Engineer for which the recruitment process is initiated by Collieries Company Limited. It is their further case that though they have applied for recruitment Collieries Company Limited has not considered them as eligible and qualified for participating in the recruitment process and hence did not include their names in the list of eligible candidates displayed for appearing at the written test initially slated to be held on 01.03.2015, but was postponed – Held, Constitution of India vests Parliament with exclusive authority in regard to co-ordination and determination of standards in institutions for higher education. The Parliament has enacted Act for that purpose – University Grants Commission has, therefore, a greater role to play in shaping the academic life of the country. It shall not falter or fail in its duty to maintain a high standard in Universities – Democracy depends for its very life of general vocational and professional education. Dissemination of learning with search for new knowledge with discipline all round must be maintained at all costs – It is hoped that University Grants Commission will duly discharge its responsibility to the Nation and play an increasing to role bring about needed transformation in academic life of Universities – Relating to education including technical education, medical education and Universities has been made subject to power of Parliament to legislate under Entries should be read together. Entry 66 gives power to Union to see that a required standard of higher education in the country is maintained standard of Higher Education including scientific and technical should not be lowered at the hands of any particular State or States. Secondly, it is the exclusive responsibility of Central Government to co-ordinate and standards for higher education power includes the power to evaluate and secure proper relationship to any project of national importance. It is needless to state that such a coordinate action in higher education with proper is of paramount importance to national progress. It is in this national interest, the legislative field in regard to education has been distributed between List I and List III of the Seventh Schedule – Petitions if any pending shall also stand dismissed.

Order

Nooty Ramamohana Rao, J.

1. In both these cases a common question touching upon the eligibility of the petitioners for selection to the posts of Assistant Engineer (E & M) notified by the respondent Singareni Collieries Company Limited arises for consideration. There are 3 petitioners in W.P. No. 4962 of 2015 and 6 petitioners in W.P. No. 7632 of 2015.

2. The case of the petitioners in W.P. No. 4962 of 2015 is that they have obtained B.Tech/B.E. degrees in Mechanical Engineering from Acharya Nagarjuna University and Andhra University as the case be, whereas the 6 petitioners in W.P. No. 7632 of 2015 have joined the service of the Singareni Collieries Company Limited with ITI certificate and subsequently passed the Section A & B of Associate Membership Examination conducted by the Institution of Mechanical Engineers (India). It is their case that a pass in Section A & B of Associate Membership Course in Mechanical Engineering from the Institution of Mechanical Engineers (India) is recognized by the Government of India, Ministry of Human Resources Development, Department of Higher Education and All India Council for Technical Education (AICTE) as equivalent to AMIE. Therefore, the petitioners claim that they are eligible to be recruited as Assistant Engineer (E & M) for which the recruitment process is initiated by the Singareni Collieries Company Limited. It is their further case that though they have applied for recruitment, the Singareni Collieries Company Limited has not considered them as eligible and qualified for participating in the recruitment process and hence did not include their names in the list of eligible candidates displayed for appearing at the written test initially slated to be held on 01.03.2015, but was postponed. Hence, these writ petitions.

3. Heard Sri G. Vidya Sagar, learned Senior Counsel for petitioners and Sri J. Rama Chandra Rao, learned Additional Advocate General for Singareni Collieries and Sri M. Sreenivas and Dr. P.B. Vijay Kumar for Nagarjuna and Andhra Universities and Sri B. Narayana Reddy for UOI.

4. Through circular No. 42 dated 16.01.2015 the Singareni Collieries Company Limited has notified that it has been approved to fill-up certain vacancies in Executive Cadre by inviting applications from among the eligible internal employees working with the company. Amongst others, 17 vacancies of Assistant Engineers (E & M) (Men only) in E-2 grade have been notified for internally qualified and eligible candidates to apply for the said post. The number of years of experience required for these posts as on 01.01.2015 is stated as 3 years. The minimum qualifications notified are as follows:

"B.E., B.Tech., AMIE or its equivalent qualification in Mechanical/Electrical & Electronics Engineering (Regular) from the institution approved by UGC & AICTE with 3 years or more service in any capacity as on 01.01.2015."

5. As was spelt out supra, the case of the petitioners is that the Department of Higher Education, Ministry of Human Resource Development, Government of India, through its notification dated 24.11.2006 has brought out that the Institution of Mechanical Engineers (India) has submitted a request along with the requisite material for review and reconsideration of the earlier decision of the Ministry withdrawing the recognition of the diploma/degree courses run by it. The department appears to have got the said material re-examined by AICTE. The AICTE through its Expert Committee re-examined the content of both the courses offered by the Institute and submitted its recommendations with revision of syllabus for both the courses. Thereafter, the High Level Committee for according recognition of educational qualifications considered the matter at its meeting held on 16.10.2006 and made its recommendations. Based thereon the Government of India decided to restore the recognition to the courses run by the IME, Mumbai with effect from 16.10.2006 subject to the condition that the IME should run the courses































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