IMPORTANT POINT
The court established that diploma qualifications recognized by statutory bodies must be considered valid for employment purposes, overriding administrative rejections lacking legal justification.

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. 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 whi