THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.3149 of 2009 DATED:18.02.2009 Between: C.Ramu and others ...Petitioners AND Tirumala Tirupathi Devasthanams, Tirupathi represented by its Executive Officer …Respondent THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.3149 of 2009 ORDER: The petitioners are appointed in Tirumala Tirupathi Devasthanams, Tirupathi-1st respondent as Assistant Wireman. Their services were regularized by the respondent in the respective posts. They claimed that they did diploma course through the Distance Education offered by IASE (Institute of Advanced Studies in Education (a Deemed University), Rajasthan. There is a check carrier with regard to the validity of the certificates issued by IASE. The respondent issued proceedings dated 15.10.2008 recognizing the diploma/B.Tech etc., courses from IASE Deemed University Rajashtan. Subsequently, the said proceedings came to be kept in abeyance by the respondent under proceedings, dated 29.10.2008. The said proceedings are under challenge in this writ petition. It is contended by the petitioners that the distance education council of Indira Gandhi National Open University informed the Executive Officer T.T. Devasthanams, Thirupathi that post-facto approval has been granted for the course offered by IASE and therefore, the proceedings issued by the respondent on 29.10.2008 require reconsideration. For better understanding of the grievance of the petitioners, I deem it appropriate to refer para 1 (c) of the affidavit, filed in support of the writ petition, which reads as hereunder:- “Institute of Advanced Studies in Education (a Deemed University) Reasthan, for short IASE, recognized by UGC New Delhi, was offering the course of Diploma in various disciplines as mode of distance education and they have got a unit at Tirupathi in view of the same, these petitioners and other similarly placed persons have requested the TTD Authorities seeking their permission to these petitioners to prosecute their Diploma Studies in IASE. The TTD vide their Memo dated 20th January, 2004 and 7th May, 2004 have accorded permission to these petitioners to prosecute their studies as a private candidate in the courses mentioned against us. Accordingly, all these petitioners have prosecuted their studies in Diploma Engineering in Electrical/with IASE and completed their studies during 2006. A provisional certificate was also issued by IASE. After successfully completing our studies we have made representations in January, 2007 for entry of our additional qualification in our service registers enclosing a copy of our provisional certificates issued by IASE. After successfully completing our studies we have made representations in January, 2007 for entry of our additional qualification in our service registered enclosing a copy of our provisional certificates issued by IASE. But to our shock and dismay, the 1st respondent had issued circular No.Roc No. TLS2797/2005 dated 29 Jan 2007 stating that the certificates issued by IASE is not valid and hence it cannot betaken into consideration for promotions. The reason was that it was not recognized by the AICTE. In the meanwhile on 15-5-2006 the TTD have circulated seniority list of all categories of posts wherein our names were inserted at appropriate places. The above circular was questioned by some of us in W.P.No.27397/2007. A learned single Judge had ordered that the Technical Education dept. Govt of AP be added as a party respondent. Questioning such order some of the petitioners have filed W.A.No.375 of 2008. In the Writ Appeal the UGC was also directed to be added as a party respondent. The UGC has filed its counter stating that as the IASE is a deemed University, the provisions of All India Technical Education Act does not apply but however for distance education, it is only the DEC which is competent to say in the matter. It was also stated that due to memorandum of understanding representatives from UGC, AICTE and DEC would approve certain courses offering distance education. However, that writ appeal was closed and the WP was directed to be taken up for consideration and it is still pending as of now. While these matters were pending the TTD had passed order vide proceedings No. TL8/2797/2005 dated 15-10-2008 cancelling its earlier orders dated 29.01.2007 and decided to accept the certificates granted by IASE. In the meanwhile the TTD had also addressed a letter to DEC for clarification on the matter. While the matters stood thus and while our cases were being considered for promotion, certain persons have made wild allegations and representations to TTD requesting the TTD not to accept the said certificates. In fact, those employees are not even in the zone of consideration and some of them did not even have the requisite qualifications. On mere apprehension they have filed their representations. Based on such representation the present impugned order was passed keeping the earlier order in abeyance. The impugned order is wholly illegal and contrary to law and unconstitutional in as much as no notice was given to us before issuing such an order. In the meanwhile, the TTD had also written to the DEC, IGOU requesting for a clarification from them. The DEC had written and gave their clarification to the TTD vide their letter NO. DEC/G/202/08/17384 dated 15-12-2008 stating that the DEC had given post facto approval to all the Distance Education courses offered by IASE up to 2007-2008. Thus our certificates which were issued in 2006 are valid in all respects. After the receipt of this clarification, we expected the 1st respondent to review and cancel the impugned order. Our union had also taken up the matter with the 1st respondent but so far nothing has happened. In the meanwhile there are vacancies to the next post for which we are all eligible. But due to the impugned order our cases are not being considered. After they have received this clarification, it is incumbent upon the TTD authorities to review its order of abeyance and cancel the same in view of the clarification of the DEC, IGNOU stating that the IASE is a recognized institution both the UGC and its distance programmes were also recognized by the DEC. Thus the certificates granted by IAEC is fully in conformity with law. The matter was brought to the notice of the TTD authorities, but so far no action has been taken. In the meanwhile certain vacancies have arisen and by virtue of the said clarification we are all entitled to be considered for promotion. But unfortunately our cases were not being considered due to the impugned order and hence we are constrained to approach this Hon’ble Court questioning the impugned order as illegal, arbitrary, contrary to law and unconstitutional. The action of the TTD in ignoring the petitioners cases for promotion is wholly arbitrary, illegal and contrary to law and unconstitutional and is liable to be struck down as such on the following amongst other grounds.” When the writ petition came up for admission, Sri S. Venkateswara Rao, the learned Standing Counsel of TTD, takes notice on behalf of the respondent. Heard the learned counsel appearing for the parties. The learned counsel appearing for the petitioners submits that the Indira Gandhi National Open University accorded the post-facto approval for the courses offered by IASE deemed University, Rajasthan, in which case there cannot be any impediment for the respondent to recognize the certificates secured by the petitioners from the said University. Sri A.K. Jayaprakash Rao, the learned Standing Counsel of Tirumala Thirupathi Devasthanams submits that one S. N. Jaya Kumar, approached this Court assailing the memo, dated 29.01.2007, issued by the Executive Officer of Tirumala Thirupathi Devasthanams and the said memo came to be upheld by a learned Single Judge of this Court dated 01.08.2008 in W.P.No.15138 of 2007. Indisputably, Indira Gandhi National Open University has accorded the post-facto approval for the courses conducted by the IASE deemed university, Rajasthan, through the Distance Education. For better appreciation, I may refer the text of the letter addressed to the Executive Officer, T.T.Devasthanams, Tirupathi, which reads as hereunder:- “This has reference to your letter No.TL8/2797/2005, dated 02.12.2008 seeking information regarding recognition of diploma/B.Tech. degree issued by the IASE deemed University, Sardarshahr, Rajasthan through distance education mode to your employees. In this connection we would like to inform you that the DEC considers Institutional recognition in place of programme approval for offering programmes through distance mode. Thus DEC does not separately accord approval to any specific programmes offered by any University/Institute. A University may decide the programmes to be offered and accordingly it should seek approval from the concerned Statutory councils, responsibility for which vests with the University concerned. Distance Education Council has granted one time post-facto approval to IASE deemed University, Sardarshahr, Rajasthan for the programmes (approved by statutory bodies of the university) offered through distance mode till 2005. The above university has also been accorded provisional recognition for one academic year i.e., from June, 2007 to June 2008. Further, in case of technical/professional programmes offered by the university concerned, approval from the concerned apex bodies in the country is required to be obtained for which the responsibility vests with the university concerned. Further, as per the Govt of India Gazette notification No. 44 dated 1st March 1995, ‘………. all the qualifications awarded through Distance Education by the Universities established by an Act of Parliament or State Legislature, Institutions Deemed to be Universities under Section 3 of the UGC Act, 1956 and Institutions of National Importance declared under an Act of Parliament stand automatically recognized for the purpose of employment to posts and services under the Central Government, provided it has been approved by Distance Education Council,……’ Once the Institute/University has been recognized by DEC it is obvious that degrees and diplomas awarded by the concerned institute/university are recognized for employment in central government provided the institute/university concerned has taken necessary approvals from the concerned statutory bodies in the country, wherever required. Regarding authenticity of degrees obtained by your staff and the approval status of any specific programme from concerned Statutory bodies, you may approach the concerned University.” In view of the post-facto approval accorded by the Indira Gandhi National Open University with regard to the courses offered by IASE deemed University, Rajasthan, the petitioners are at liberty to make a representation to the respondent enclosing the copy of the letter, dated 15.12.2008, and thereupon, the respondent shall take appropriate decision after putting on notice the petitioners as well as A. Keshavulu and the rival claimants, if any, within a period of four weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No order as to costs. ________________________ B. SESHASAYANA REDDY,J 18th February, 2009 Note:- Issue C.C. in a week (B/O) bud