HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON’BLE SRI JUSTICE ANIL KUMAR JUKANTI

COMMON ORDER

:(Per Hon’ble Sri Justice Abhinand Kumar Shavili)

Since the issue involved in these two Writ Petitions is one and the same, they are being heard together and disposed of by this common order.

2. Both these Writ Petitions are filed against the common order passed in O.A.Nos.355 of 2017 and O.A.No.910 of 2017 dt.05-01-2018, respectively, on the file of the Central Administrative Tribunal, Hyderabad (for brevity ‘the Tribunal’).

3. Heard Sri B. Mahender Reddy, learned counsel for the petitioners and Smt. T.Bala Jayasree, learned counsel for the respondent Nos.2 to 6.

4. For the sake of convenience, the facts in W.P.No.37277 of 2018 are hereunder discussed.

5. It has been contended by the petitioners that the petitioner herein is working as Junior Engineer with the respondents and he is fully qualified and eligible to the promotion as Accounts Officer. Learned counsel for the petitioners has contended that the post of Accounts Officer is liable to be filled up by direct recruitment to an extent of 50%, by promotion from the employees working in the BSNL through internal competitive examination to an extent of 40%, and 10% of the posts are to be filled up by way of promotion from Senior Accountants working in BSNL through internal competitive examination.

6. Learned counsel for the petitioners has further contended that for direct recruitment, the qualification prescribed as M.Com., and the qualification for 40% promotion through internal competitive examination is one must be a graduate from recognized university besides having ten years of regular service and candidate should not be more than 53 years and in respect of remaining 10% posts, these are to be filled up by way of promotion from Senior Accountants through internal competitive examination initially, and the qualification prescribed was graduation from any recognized university besides ten years of regular service, but the graduation qualification for 10%

promotion category was deleted vide proceedings dt.12-10-2012.

7. Learned counsel for the petitioners has further contended that the petitioner herein is having M.Com., qualification obtained from the Madurai Kamaraj University and he has obtained the said certificate in the year 2006 and the petitioner has responded to the notification for filling up of 40% of the vacancies of Junior Accounts Officer by way of promotion through internal competitive examination and the petitioner was qualified in the said examination and in spite of the same, the respondents were not considering his case for promotion to the post of Junior Accounts Officer on the ground that the petitioner is not having the basic degree of graduation and without graduation, obtaining M.Com degree from the Madurai Kamaraj University, is not at all allowed.

8. Learned counsel for the petitioners has contended that the respondents have, in fact, sought clarification from the University Grants Commission (UGC) about the validity of post graduation degree of the petitioner and UGC has clarified by proceedings dt.12-01-2017 that the degrees awarded by the Madurai Kamaraj University are valid. However, left open the issue to the respondents to decide the validity and suitability of the qualification acquired by the petitioner. But the respondents instead of taking a decision on the issue as to whether the post graduation degree held by the petitioner is valid or not, straight away deleted the name of the petitioner from the selection list and in those set of circumstances, the petitioner has approached the Tribunal by filing O.A.No.355 of 2017 and the Tribunal was pleased to dismiss the O.A. vide orders dt.05-01-2018 without appreciating any of the contentions raised by the petitioners. 9. With the same set of allegations, challenging the same proceedings issued by the respondents, the petitioner in W.P.No.38734 of 2018, who is also an employee in the respondents’ organiz