Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Mad) 76021

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms. Justice P.T. ASHA
S.Maheswaran – Appellant
Versus
The Chief Engineer / Personnel – Respondent
W.P.No. 1002 of 2022 | W.M.P.Nos. 1069 & 1070 of 2022

Advocates:
For the Appellants/Petitioners: R.Muralikrishna
For the Respondents: R.Nikkhilesh Athav, K.Rajkumar

A diploma obtained through distance education mode is not equivalent to a regular stream diploma for promotion in public services, as AICTE does not recognise such courses.

Headnote:(A) Constitution of India, 1950 - Article 226 - Writ of Mandamus - Tamil Nadu Electricity Board Service Regulations - Regulation 94 and amendment dated 09.01.2015 - AICTE circular dated 30.12.2020 - Diploma in Engineering through distance education mode - Recognition for promotion.

(B) Diploma obtained through distance education mode is not equivalent to a diploma acquired through the regular stream for the purpose of promotion in public services - The AICTE has not granted approval for conducting diploma courses in engineering through distance education mode - The Supreme Court in Orissa Lift Irrigation Corp. Ltd. v. Rabi Sankar Patro (2018) dealt with degrees awarded by deemed universities through distance education and directed revalidation examinations, but specifically stated that diploma courses were not within the purview of that case - A subsequent circular by AICTE dated 30.12.2020 clarified that diplomas awarded through distance education cannot be validated by AICTE - Petitioners who completed diploma through weekend classes at study centres are considered to have obtained it through distance education and hence are not eligible for promotion to the post of Technical Assistant.

Facts of the case:
The petitioners were employees of the Tamil Nadu Electricity Board holding various posts such as Commercial Inspector, Commercial Assistant, Foreman Grade I and Line Inspector. They had originally joined as Helpers and later completed a diploma in Electrical Engineering through lateral entry from Janardan Rai Nagar Rajasthan Vidhyapeeth University and Institute of Advanced Studies in Education Deemed University, after obtaining written permission from the respondents. The petitioners claimed they attended classes every weekend at study centres, i.e., through a flexible mode. They sought promotion to the post of Technical Assistant (or Junior Engineer Grade II for one petitioner) from 25.02.2014, stating that their juniors with the same qualification from the Tamil Nadu Directorate of Technical Education had been promoted. The respondents denied the claim on the ground that the diploma was obtained through distance education mode and not through regular stream, and that AICTE did not recognise such qualifications for promotion.

Findings of Court:
The court held that the petitioners themselves admitted attending weekend classes only, which confirms that the diploma was obtained through distance education and not regular stream. Relying on the Supreme Court judgment in Orissa Lift Irrigation Corp. Ltd. and the subsequent AICTE circular dated 30.12.2020, the court observed that AICTE has not approved diploma courses in engineering through distance education mode. Therefore, the petitioners' diplomas were not recognised for promotion. The court also followed a coordinate bench decision in W.P. No. 19113 of 2022 (dated 12.11.2024) where a similar issue was dismissed. Consequently, no ground for issuing a mandamus was made out.

Issues: The main issues were whether a diploma obtained through distance education mode from a UGC-recognised deemed university is equivalent to a regular stream diploma for promotion to the post of Technical Assistant under the Tamil Nadu Electricity Board Service Regulations, and whether the AICTE circulars and Supreme Court judgment preclude such recognition.

Ratio Decidendi: The court reasoned that the mode of acquisition (distance education) is determinative, not the mere recognition of the university by UGC. Since the AICTE has consistently refused to approve diploma courses through distance education, and the Supreme Court's directive regarding revalidation pertained only to degree courses and not diplomas, the petitioners' diplomas cannot be treated as equivalent to those awarded by the Directorate of Technical Education. Hence, they are not entitled to the relief sought.

Result: Writ petition dismissed. Connected miscellaneous petition closed. No costs.

ORDER

This writ petition has been filed for the following relief:

“directing the respondents to promote the petitioners to the post of Technical Assistant for internal selection under available vacancies of the respondents board on par with their Juniors w.e.f 25.02.2014 with all service and monetary benefits within the time limit fixed by this Court”.

2. The petitioners’ case as set out in the affidavit filed in support of this writ petition is herein below culled out. The petitioners are employed under the respondent board holding various posts such as Commercial Inspector, Commercial Assistant, Foreman Grade I and Line Inspector. They are all working in regular establishment and drawing regular scale of pay. The petitioners are qualified with diploma in Electrical Engineering (lateral entry) after they completed ITI course.

3. The petitioners had originally joined the respondent office as a Helper in the year 2009. The 3^rd petitioner alone had joined service in the year 1998 and they have been discharging their duties blemishlessly to the satisfaction of their superiors.

4. It is the further case of the petitioners that while they were in service, they were permitted to pursue diploma course by the respondent office. The petitioners have completed diploma course on this written permission at Janardan Rai Nagar Rajasthan Vidhyapeeth University (Deemed University), declared under Section 3 of the University Grants Commission Act, by notification issued by the Government of India.

5. The 4^th petitioner completed his diploma at the Advanced Studies in Education Deemed University. All the petitioners have successfully completed their diploma and the next avenue of promotion was to the post of a Technical Assistant for petitioners 1, 2, 4 and 5 and as a Junior Engineer Grade II in respect of the 3^rd petitioner. It is the grievance of the petitioners that though they are qualified for the post of Technical Assistant, they had not been considered on account of fact that they had obtained diploma from Janardan Rai Nagar Rajasthan Vidhyapeeth University and Institute of Advanced Studies in Education Deemed University, whereas, the juniors of the petitioners having same educational qualifications which they have obtained from the Tamil Nadu Directorate of Technical Education have been promoted.

6. The petitioners would submit that their promotion has not been considered since the year 2013. The petitioners would further state that there are vacancies for the post of Technical Assistant, to which post the petitioners are eligible with effect from 25.02.2014, on par with their juniors who have been promoted overlooking the promotion of the petitioners. Since there was likelihood of respondents filling up vacancies by internal selection, the petitioners had made representation to the respondents in person and the same is pending.

7. The petitioners would submit that they learned that they will not be considered by the respondents on a wrong presumption that they had acquired diploma through distance education mode and not through regular stream. The petitioners would submit that they have studied diploma course only through regular stream / flexible mode. The classes were conducted every weekend in the study centers fixed by the university.

8. By proceeding dated 09.01.2015, bearing No.3 (Secretariat Branch), the Tamil Nadu Electricity Board Service Regulations had been amended. As per this amendment, diploma obtained after completion of 10^th, 2 years ITI course and 2 years lateral entry diploma course from any university or institution recognised by the UGC or any university recognised by the Government of Tamil Nadu would be recognised as qualification for promotion under the said regulations.

9. In fact, the Goverment of Tamil Nadu, P & AR Department, issued GO.Ms.No.39 dated 30.04.2014 amended Rule 19 of the Tamil Nadu Sub Ordinate Service Rules , in and by which the schedule of university and institution recognised by the UGC was set out.

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2025 Supreme(Online)(Mad) 76021

IN THE HIGH COURT OF JUDICATURE AT MADRASHonourable Ms. Justice P.T. ASHAS.Maheswaran – AppellantVersusThe Chief Engineer / Personnel – RespondentW.P.No. 1002 of 2022 | W.M.P.Nos. 1069 & 1070 of 2022

A diploma obtained through distance education mode is not equivalent to a regular stream diploma for promotion in public services, as AICTE does not recognise such courses.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms. Justice P.T. ASHA
S.Maheswaran – Appellant
Versus
The Chief Engineer / Personnel – Respondent
W.P.No. 1002 of 2022 | W.M.P.Nos. 1069 & 1070 of 2022