THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.19083 of 2011 ORDER: The petitioner is working as Lineman in the A.P. Northern Power Distribution Company Limited, respondent No.1 herein. He expects promotion to the post of Sub-Engineer, since he acquired Diploma in Electrical Engineering from the State Board of Technical Education. The Superintending Engineer, Karimnagar, respondent No.2 herein, sought clarification from respondent No.1 as to whether the Diploma in Mechanical Engineering issued by the Institute of Mechanical Engineers (India), Mumbai can be treated as a qualification for appointment by transfer as Sub- Engineer from the category of Lineman. Respondent No.1 issued a Memo, dated 08.04.2011, indicating that the said qualification can be treated as holding good for appointment by transfer as Sub- Engineer. The petitioner challenges the said memo on the ground that it runs contrary to T.O.O.Ms.No.134, dated 11.09.2008. According to him, the institution is not recognized by U.G.C. or A.I.C.T.E., much less correspondence course was approved by the Distance Education Council (for short ‘the Council’). On behalf of the respondents, a detailed counter-affidavit is filed. It is stated that the U.G.C. has clarified that the institution is not recognized by them. However, it is stated that the Government of India has recognized the certificates issued by the institution for the purpose of employment under different categories. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The Regulations adopted by respondent No.1 provide for appointment to the post of Sub-Engineers by transfer from the category of Lineman, in case the candidate holds Diploma in Electrical Engineering or an equivalent qualification. In the recent past, there was a mushroom growth of private Universities/Deemed Universities, which indiscriminately granted Degrees and Diplomas. There was corresponding increase in the claims for promotion, increments, etc. The matter has landed in Courts as to the recommendation of certificates issued by such institutions. In W.P.No.16355 of 2007 and batch, this Court rendered a judgment indicating the manner in which the Degrees or qualification conferred by such institutions must be recognized. Taking the same into account, the Transmission Corporation of A.P. which is a parent organization for respondent No.1 issued T.O.O.Ms.No.134, dated 11.09.2008, indicating the guidelines. The relevant guidelines read as under: (i) The Technical Degrees/Diplomas awarded by all the Universities/Deemed Universities/Institutions through Regular/part-time/distance education recognized by the UGC & AICTE, shall be considered for recruitment, promotions, incentive increments or any other service benefits. In case of Distance Mode Education the University shall have recognition from Distance Education Council (Under the Indira Gandhi National Open University) in addition to UGC & AICTE. (ii) All other Degrees including MBA degree awarded through regular/part time/distance education by all the Universities recognized by the UGC shall be considered for recruitment, promotions, incentive increments or any other service benefits as the case may be. In case of Distance Mode Education the University shall have recognition from Distance Education Council (Under the Indira Gandhi National Open University) in addition to UGC. In the counter-affidavit filed by the respondents, it is stated as under: “It is submitted that, Institution of Mechanical Engineers, Mumbai is neither a University nor a deemed University as clarified by University Grants Commission, New Delhi vide Lr.No.F.14-3/09 (CPP-II) dated 11.08.2009. Hence, UGC or Distance Education Council (DEC) approval not required.” From this, it is evident that the institution does not fit into the guidelines stipulated in T.O.O.Ms.No.134, dated 11.09.2008. Hence, there was no basis for respondent No.1 to treat the Diploma in Mechanical Engineering conferred by the Institute of Mechanical Engineers (India), Mumbai as a qualification that enables the Lineman to seek appointment by transfer to the post of Sub-Engineer. Hence, the writ petition is allowed and the impugned memo is set aside. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:12.10.2011. kdl