IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.01.2010 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.NOs.13715 and 13728 of 2009 and M.P.NOS.2 AND 2 OF 2009 M.Rajiv Suresh .. Petitioner in W.P.No.13715 of 2009 B.Krishnakumar .. Petitioner in W.P.No.13728 of 2009 Vs. 1.The Tamil Nadu Electricity Board, represented by the Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai-2. 2.The Chief Engineer/Personnel, Tamil Nadu Electricity Board, 8th Floor, NPKRR Maaligai, 800,Anna Salai, Chennai-2. .. Respondents 1 and 2 in both the petitions 3.E.Govindasamy (R3 impleaded vide order in MP No.3 of 2009 in W.P.13715/09 dt.1.12.2009) .. Respondent No.3 in W.P.No.13715 of 2009 S.Elango (R3 impleaded vide order in M.P.No.3 of 2009 in W.P.13728/09 dt.1.12.2009) .. Respondent No.3 in W.P.No.13728 of 2009 These writ petitions have been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to call for the records on the file of the second respondent in connection with the letter issued by him in letter No.057700/512/G.55/G.551/2009-1, dated 01.07.2009 and to quash para 2 of the same and consequently, direct the respondents to select the petitioners for further promotion to the post of Assistant Engineer/Electrical who are in possession of the Post Graduate Degrees recognised by the Government of Tamil Nadu and University Grants Commission as per Regulation 94 of the Tamil Nadu https://hcservices.ecourts.gov.in/hcservices/ Electricity Board Service Regulations of the first respondent Board. For Petitioners : Mr.R.Singaravelan For Respondents : Mr.M.Vaidyanathan for RR1 and 2 Mr.L.Chandrakumar for implead parties COMMON ORDER Heard both sides. 2.In w.P.No.13715 of 2009, the petitioner, who was working as a Commercial Inspector in the respondent TNEB has filed the writ petition, seeking to challenge the order of the second respondent dated 1.7.2009 and after setting aside para 2 of the said order, he seeks for a further direction to select him for further promotion to the post of Assistant Engineer (Electrical) as he was in possession of a Post Graduate Degree recognized by the Government of Tamil Nadu and the University Grants Commission. The said qualification also satisfies Regulation 94 of the Tamil Nadu Electricity Board Service Regulations. 3.The impugned order, dated 1.7.2009, is a circular sent by the second respondent to all Superintending Engineers to keep in mind before recommending the candidates for recruitment by internal selection for Class II services (including Assistant Engineer (Electrical) and the qualification has also been prescribed. Paragraphs 1 and 2 of the order reads as follows: "It is proposed to call for application from the qualified employees of Board, who have passed B.E.(Electrical) (only part time (or) Regular) or equivalent or Section A and B of AMIE Examination as referred to in Regulation 94 Annexure-III for consideration and appointment to the post of Assistant Engineer/Electrical by Internal Selection. 2)The employees working in Regular work establishment and Provincial Cadres who are in possession of the above said qualification are eligible for consideration for this selection and appointment as Assistant Engineer/Electrical and acquiring B.E. Degree through Distance Education from any Universities and acquiring M.E./M.Tech. degree without basic qualification of B.E. Degree employees are not eligible for consideration and appointment to the post of Assistant Engineer/Electrical by Internal Selection." 4.In the second writ petition, i.e. W.P.No.13728 of 2009, the petitioner, who was working as a Junior Engineer (Electrical, https://hcservices.ecourts.gov.in/hcservices/ Grade II), had also prayed for a similar relief. 5.The two writ petitions were admitted on 21.7.2009. Pending the writ petitions, an interim stay was granted. Subsequently, two applications were taken out by two individuals, seeking for impleading them as party respondents. They were also impleaded by this court as third respondents vide order, dated 1.12.2009. They had also filed applications to vacate the stay order, which are yet to be numbered. However, since the counsels have expressed some urgency, the matters were taken up with the consent of both sides. On behalf of the respondent Board, a counter affidavit has also been filed. 6.According to the petitioners, Regulation 94 had prescribed qualification for entering into the service of the Board, which reads as follows: "94.Qualifications: (a)No person shall be eligible for appointment to the post and by the method mentioned in Annexure-III, unless he possesses the qualification specified therein. Note 1: In cases where the Regulations prescribe a degree or diploma as a qualification, then a degree or diploma granted by any of the Universities or Institutions recognised by the University Grants Commission for purpose of its grants or any of the Universities recognised by the Government of Tamil Nadu, shall be recognised as the qualification. Note 2:In cases where the Regulations prescribe a Diploma in a particular subject as a qualification, then a Degree in that subject should be deemed to be a higher qualification, and where a lower qualification or its equivalent is prescribed for appointment to any category, a person possessing a higher qualification will be eligible for appointment. " 7.The post of Assistant Engineer (Electrical) comes under category 3. Annexure 1 for internal selection and direct recruitment for the post of Assistant Engineer (Electrical) 1:1 ratio will have to be followed, which reads as follows: Category 3 Assistant Engineer Internal Selection and Direct (Electrical) Recruitment in the ratio of 1:1 For the purpose of appointment by Internal selection, the selection shall be made on the basis of service rendered after https://hcservices.ecourts.gov.in/hcservices/ acquiring the B.E. Degree or equivalent qualification. Note 1:Those who have been recruited as Assistant Engineers (Telecommunication) shall be merged in the cadre of Assistant Engineers (Electrical) and their seniority fixed with reference to the date of their appointment as Assistant Engineer (Telecommunication). Note 2:Every batch of recruits to the category of Assistant Engineer (Electrical) shall consist of persons possessing the prescribed qualifications for appointment as Electrical Engineers, Telecommunication Engineers, and Instrumentation Engineers and Computer Engineers in the following percentage ratio:- Electrical Engineers 91% Telecommunication Engineers 5% Instrumentation Engineers 2% Computer Engineers 2% 8.The qualification prescribed in the annexure for the post of Assistant Engineer (Electrical) is as follows: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Post Method of Recruitment Qualification (1) (2) (3) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Assistant Internal selection or (a)Must not have completed or Engineer Direct recruitment will not complete 30 years (Electrical) of age on the first day of July of the year in which the selection for appointment is made, if recruited direct. (b)(i)A Degree in Electrical Engineering or Electronics and Communication Engi- neering or Instrumentation Engineering or Computer Engineering of the Chennai or Annamalai University or Equivalent qualification. Or (ii)A Diploma in Electrical Engineering of the College of Engineering Guindy obtained before 1944; Or (iii)Subject to the following conditions, a pass in Sections A and B of the A.M.I.E. (Ind.) Examination, with Electrical Engineering https://hcservices.ecourts.gov.in/hcservices/ (General) and any two of the following subjects under section B as optional or additional subjects: (i)Electrical Supply and Power Distributions. (ii)Electrical Machinery. (iii)Electrical Installation (iv)Electrical Measurements. (v)Thermodynamics and Heat Engines (Steam and Internal Combustion) (vi)Hydro Electricity. (vii)Hydraulics or Hydraulic Machinery. (a)Should furnish evidence of having undergone practical training in "Surveying" for at least one year, or hold the Upper Subordinate or L.C.E. Diploma of the College of Engineering, Guindy or any other qualification recognised as equivalent thereto; and (b)Should have had practical experience for a period of not less than four years after passing Section A and B of the A.M.E.I.(Ind.) Examination, which should include practical experience for a period not less than one year in erection, maintenance or construction works. Provided that no candidate possessing the Diploma in Electrical Engineering or a pass in Sections A and B of the A.M.I.E.(Ind.) Examination, shall be eligible for appointment as Assistant Engineer (Electrical) if a suitable candidate possessing the Degree in Electrical Engineering is available for such appointment. (Emphasis added) https://hcservices.ecourts.gov.in/hcservices/ 9.It is the claim of the petitioners that the petitioner in W.P.No.13715 of 2009 has the following qualification and service: Qualification Details: (M.Rajiv Suresh) Sl.No. Name of the Degree Duration Month/Year of completion Name of the University/Instituti on 1 B.Sc. (Computer Science) 3 years April 2000 University of Madras Regular Course Sri Sankara Arts & Science College, Kancheepuram 2 M.S., (Information Technology) 2 years April, 2003 Bharathidasan University, Trichy. Regular Stream (Distance Education) 3 M.Phil., (Computer Science) 1 year May 2005 Bharathidasan University, Trichy Regular Stream (Distance Education) 4 M.Tech., (Computer Science and Engineering) 3 years May 2007 Dr.M.G.R. Educational & Research Institute/Chennai. Dr.M.G.R. Deemed University, Part Time 5 GRADUATE Member - April 2008 The Institution of Engineers (India), Kolkatta. Given exemption from writing Section A & B of A.M.I.E. Examinations in Computer Engineering Division. 6 Equivalency Certificate 2005 Dr.M.G.R. Deemed University, Chennai. Recognizing my qualification as Credit Equivalent to B.Tech degree course conducted by that university. Service Details: https://hcservices.ecourts.gov.in/hcservices/ Date of joining in the Board 9/5/01 Service Details Split up 09.05.2001 to 08.05.2003 as Helper (Trainee) 09.05.2003 to 31.10.2004 as Helper 01.11.2004 to 28.02.2007 as Wireman 01.03.2007 to 29.09.2008 as cadre converted to Commercial Assistant 30.9.2008 to till date as Commercial Inspector 10.The petitioner in W.P.No.13728 of 2009 has the following qualification and service: Qualification Details: (B.Krishnakumar) Sl.No. Name of Degree/Diploma Duration Month & Year of completion Name of University/Institut ion 1 Diploma in Computer Tech. 3 years April 1995 Central Polytechnic, Chennai approved by DOTE (Regular) 2 B.Sc (Maths) 3 Years April 2001 University of Madras, Thro' correspondence Education (On regular stream) 3 M.Sc. (Information Technology) 2 years October, 2005 University of Madras, Thro' Correspondence Education (On regular stream) 4 M.E.(Computer Science & Engg.) 2 years April 2006 Sathyabama Institute of Science & Technology, Deemed University, Chennai (part time) 5 Graduate Member -- Feb. 2007 By giving exemption from writing the Examinations in Sections (A) & (B) in Computer Science & Engg. Branch. History of Service: S.No. Date Post held 1 10/12/99 As Typist on compassionate grounds 2 1/8/03 As Technical Assistant/Electrical thro' Internal Selection https://hcservices.ecourts.gov.in/hcservices/ S.No. Date Post held 3 9/1/09 As Junior Engineer/Electrical Grade-II on promotion 11.It was submitted that since the petitioners have more qualifications than what was required, their cases for promotion will have to be considered. In the impugned circular, it was stated that the employees who were acquiring B.E. Degree through distance education from any Universities and acquiring M.E./M.Tech. Degree without basic qualification of B.E. Degree, are not eligible for consideration to the post of the Assistant Engineer (Electrical) by internal selection. 12.In the case of the petitioners, both the petitioners were not having any Engineering Degree at all. They are in possession of P.G. Degree in Computer Science and Engineering. Therefore, they wanted to contend that excluding candidates having Post Graduate degree qualification in Engineering even though they may not have basic degrees was illegal. Therefore, they should be considered for promotion. 13.However, such a plea was rejected by this court vide its judgment in N.Viswanathan and others Vs. Tamil Nadu Electricity Board, rep. By its Chairman, Chennai-2 and others reported in 2009 (8) MLJ 1347. In that case, this court held that the diploma obtained from the correspondence course cannot be considered to be a qualification recognized by Regulation 94. Rejecting the pleas of having Post Graduate degree qualification without minimum degree should be considered as equivalent qualification, this court also referred to the judgment of the Supreme Court in Annamalai University v. Information & Tourism Deptt. reported in (2009) 4 SCC 590. In that case, such pleas were rejected by the Supreme Court. 14.Alternately, Mr.R.Singaravelan, learned counsel for the petitioners referred to Regulation 94 read with its Annexure, wherein possession of a pass in Sections A and B of the A.M.I.E. (Ind.) examinations was considered to be equivalent to a degree in Electrical Engineering. The petitioners claim to be in possession of such qualification. Both the petitioners claimed that they were given exemption from writing the examination in Sections A and B of A.M.I.E. Examination. Therefore, they are entitled to be considered as having possessed the qualification in A.M.I.E. 15.In the counter affidavit, the stand taken by the Board was that the petitioners did not have a graduation in engineering. Their Post Graduate degree cannot be equated and they had not possessed the basic qualification of having four years B.E. Degree course. With reference to alternative qualification regarding possession of AMIE, in respect of the petitioner in W.P.No.13715 of 2009, in paragraph 7, it was averred as follows: "7.I respectfully submit that the petitioner has informed that he has passed M.Tech. https://hcservices.ecourts.gov.in/hcservices/ Course in Computer Science and Engineering from Dr.M.G.R. Deemed University, Chennai and is exempted from Section A & B Examination from AMIE (India). The Board has requested the Institution of Engineers (India), Kolkata to confirm whether the membership certificates of the Institution of the employee may be considered as AMIE Certificate for the post of Assistant Engineer/Electrical by Internal Selection and the Deputy Director of Institute of Engineers (India) has replied that since the Board employee did not pass section A & B examination, he cannot be considered having AMIE Qualification. However, the exemption granted from Section A & B examination would entile him for Membership of the Institution only." 16.In respect of the petitioner in W.P.No.13728 of 2009, in the counter affidavit in paragraph 7, it was stated as follows: "7.I respectfully submit that the petitioner has informed that he has passed M.E. Course in Computer Science and Engineering from Sathyabama Institute of Science and Technology Chennai and is exempted from Section A & B Examination from AMIE (India). He has also informed the Board that he has already qualified for Section A & B in AMIE (India) under Computer Science & Engineering discipline and as such he is eligible for appointment to the post of Assistant Engineer/Electrical. He has requested for appointment as Assistant Engineer/Electrical by taking the certificate issued by the AMIE (India). Based on the representation given by the petitioner, the Board has requested the Institution of Engineers (India), Kolkata to confirm whether the certificates of the petitioner may be considered as AMIE Certificate for the post of Assistant Engineer/Electrical by Internal Selection and the Deputy Director of Institute of Engineers (India) has replied that since the petitioner did not pass section A & B examination, he cannot be considered having AMIE Qualification. However, the exemption granted from Section A & B examination would entile him for Membership of the Institution only." 17.Mr.M.Vaidyanathan, learned counsel appearing for the TNEB also produced a copy of the letter received from the Institution of Engineers (India), dated 4.11.2008 answering their queries regarding the qualification of B.Krishnakumar. The operative portion of the letter reads as follows: "The Institution conducts examinations in Sections A & B in various disciplines of https://hcservices.ecourts.gov.in/hcservices/ engineering for its members. After passing the same, the candidates are awarded AMIE diploma which is equivalent to B.E. as approved by MHRD. The Institution also accepts certain educational clarifications which are exempted from passing Sections A & B examinations for getting corporate membership of this Institution. In the instant case, since Shri B.Krishnakumar did not pass Sections A & B examination, he cannot be considered having AMIE qualification. However, he has the qualification which is an acceptable qualification as exempting from Sections A & B examination for membership of the Institution only." 18.On the strength of the letter, it was contended that the petitioners though might have got exemptions from passing Sections A and B of AMIE only for getting corporate memberships in their institution. In case, they did not pass Sections A and B examinations, they cannot be considered having AMIE qualification and that exemption was granted only to have membership. The petitioners, therefore, cannot claim that they are in possession of AMIE qualification as contained in Regulation 94 read with annexure. Therefore, the attempt by the petitioners to contend that they are having necessary qualification as prescribed in the service regulations cannot be countenanced by this court. 19.In fact, in Viswanathan's case (cited supra), this Court had already dealt with extensively the scope of judicial review with reference interfering with the prescribed qualification for entering into any post and rejected the contentions made by similarly placed persons, who had obtained degrees through correspondence for the very same post. In paragraphs 36 and 37, it was observed as follows: 36.In W.P.No.18988 of 2009, it is a case of Engineering graduates making similar claims. The nine petitioners in that W.P. have sought for selection to the posts of Assistant Engineer (Electrical). The petitioners' have got their degrees obtained from the Institute of Advanced Studies in Education University (IASE), Gandhi Vidya Mandir, Sardarshahr, Rajasthan, which was a deemed university, under the correspondence system. Their claims were rejected and their degrees were considered not equivalent to the degree required for the very same reasons. 37.In addition, it was also stated that the respondents have given a posting order to one Vijay Sekar, G on 26.8.2007 on the basis of the degree obtained by him from IGNOU. The petitioners cannot cite an isolated example as https://hcservices.ecourts.gov.in/hcservices/ the ground for getting their degrees recognized by the respondent TNEB. One illegality cannot be a ground to make the Board to commit further illegalities. 20.Being conscious of rejection of such contentions, the petitioners have come forward with an alternative plea of having the AMIE qualification. But, the communication sent by the Institution of Engineers (India) as well as the records produced clearly shows that the petitioners did not pass A and B sections of AMIE. Their claim to have exemption from passing A and B sections is purely a concession given by the Institution of Engineers only to have corporate membership. That by itself cannot enable the petitioners to claim that they are in possession of the qualification prescribed under Regulation 94 read with Annexure 1 of the TNEB Service Regulations. 21.In the light of the above, both the writ petitions will stand dismissed. No costs. Consequently, connected miscellaneous petitions also stand dismissed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar vvk To 1.The Tamil Nadu Electricity Board, represented by the Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai-2. 2.The Chief Engineer/Personnel, Tamil Nadu Electricity Board, 8th Floor, NPKRR Maaligai, 800,Anna Salai, Chennai-2. 1 cc to Mr.M.Vaidyanathan, Advocate, Sr.No.979 1 cc to Mr.L.Chandrakumar, Advocate, Sr.No.1027 2 cc to Mr.R.Singgaravelan, Advocate, Sr.No.1127 ORDER IN W.P.NOS.13715 and 13728 of 2009 TRM {CO} TP/12.1.2010. https://hcservices.ecourts.gov.in/hcservices/