IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.11.2023 CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR WP No.19276 of 2019 P.V. Premjith ... Petitioner versus

1.Union of India, Represented by its Chairman, Ordnance Factory Board, Kolkatta 700 001.

2.The General Manager, Engine Factory, Avadi, Chennai-600 054.

3.The Registrar, Central Administrative Tribunal, Chennai Bench, Chennai 600 104. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Certiorarified Mandamus to call for the records of the third respondent Tribunal in its order dated 18.06.2019 made in OA No.102 of 2015, quash the same and consequently, allow OA No.102 of

2012 as prayed for.

For the Petitioner :Mr.Karthick For the Respondents :Mr.N.Ramesh, SSC for respondents 1 and 2 third respondent- Tribunal

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.)

Challenging the order passed by the Tribunal in OA No.102 of 2015, dated 18.06.2019, the petitioner has filed the present writ petition before this Court.

2. Brief facts of the case:

2.1. The petitioner originally joined in the Ordnance Factory, Itarsi, as a Chemical Process Worker. Subsequently, through a departmental competitive examination (LDCE), in the year 2008, he was promoted to the post of Chargeman Grade II (Technical/Mechanical) in the same factory. The petitioner satisfied the requirement, which are laid down in the Recruitment Rules (SRO 66) for the post of Chargeman Grade II Technical, which is a three year diploma or equivalent certificate in the respective field duly affiliated by A.I.C.T.E. The petitioner possesses a diploma in Mechanical (Lateral Entry) Engineering Certificate issued by the Janardan Rai Nagar Rajasthan Vidyapeeth University in short J.R.N Univeristy. The said University is a deemed University under the provisions of the U.G.C. Act, 1965 and its courses through distance education have been recognized by the Government of India for the purpose of employment under the Central Government. Further, approval has also been granted by the U.G.C. on 03.07.2006 in respect of students admitted under the distance education mode from J.R.N. University from 01.06.2001 to 31.08.2005 & 2007-2008. It is relevant to state that the petitioner enrolled for the diploma course in July 2005 and completed the same in January 2007 and therefore, he is entitled for the benefit of approval granted by the U.G.C.

2.2. According to the petitioner, the Hon'ble Supreme Court has time and again held that the competent authority to accord approval for technical courses conducted by deemed universities/universities is only the U.G.C., and . has no role whatsoever. While so, the first respondent, by its letter dated 24.10.2014, had stated that the diploma qualification acquired from J.R.N. University is not approved by A.I.C.T.E. and therefore, persons who have been promoted or appointed on the basis of the said qualification may be reverted. On the basis of the said letter, the second respondent has issued a show cause notice on 20.01.2015 stating that the copy of the diploma certificate produced by the petitioner is obtained from Rajasthan Vidyapeeth deemed univeristy and as per the OFB order appointments/promotion through LDCE based on diploma qualification acquired from Janardan Vidyapith University is not approved by A.I.C.T.E and therefore it is not in conformity with the provision of SRO 66 dated 27.05.2003. In the said notice it has been further stated that as the appointments/promotions through LDCE based on the diploma qualification acquired form the said University are not approved by A.I.C.T.E, such appointments are irregular and accordingly, the petitioner will be reverted to CPW (S) and the petitioner will be transferred back to the OF Itarsi by 06/02/2015 without further intimation.

2.3. The impugned order is styled as a show cause notice. It is indeed an intimation sent to the petitione