UNION OF INDIA Vs. S ELANGOVAN

JUDGEMENT

(1.) THE respondent No.1 joined the services under the second respondent ­ UPSC as Engineering Assistant in the year 1986 at Chennai AIR and Doordarshan and was promoted as Senior Engineering Assistant on 12.2.1992 based on seniority and educational qualification. On 10.1.1997, the first respondent was again promoted through competitive examination as Assistant Engineer and was posted to Port Blair and thereafter posted on adhoc basis as Assistant Station Engineer. In order to get further promotion to the post of JTS (Junior Time Scale) from the post of Assistant Engineer, the first respondent submitted records to the 3rd petitioner about his acquiring decree in M.Sc., (Physics) through distance Education from Annamalai University - the third respondent herein. On 15.1.2008, the first respondent's name was included in the final eligibility list dated 15.1.2008 of Assistant Engineers working in AIR & Doordarshan as on 1.1.2007 for the purpose of promotion to Junior Time Scale grade. However, based on certain allegations, the Deputy Director of Administration (HQ) on behalf of the third respondent issued modified eligibility list on 27.4.2009 wherein the name of the first petitioner was removed as per the terms of notification dated 1.3.1995 of the HRD Ministry. Questioning the modified eligibility list, the first respondent approached Central Administrative Tribunal in OA No.281/2009 which came to be disposed off by an order dated 1.7.2010 quashing the modified eligibility list in so far as it relates to removal of the respondent No.1 herein. The Central Administrative Tribunal has further directed the petitioners to consider the case of respondent No.1 as eligible candidate for subsequent consequences.

(2.) THE name of the first respondent was kept out of the final modified eligibility list dated 27.4.2009 only on the ground that he had passed M.Sc., (Physics) degree from Annamalai University, whose degrees were not recognized prior to 2007. Thus, the short question that arises in this matter is as to whether the M.Sc., (Physics) degree obtained by the first respondent from the Annamalai University in the year 2004 can be considered for the purpose of his promotion to the next higher cadre.

(3.) AS is clear from the records, the respondent No.1 joined M.Sc., (Physics) course during the year 1989 -90 through DE regular stream program. However, he has passed the M.Sc., degree examination held in the month of May 2004. The marks card of the respondent dated 20.9.2004 is produced at Annexure -A4 along with the application filed by the respondent before the Central Administrative Tribunal. The degree certificate issued by the Annamalai University dated 14.12.2004 is produced at Annexure -A3. Thus, it is clear that the first respondent has obtained degree in the year 2004. The document at Annexure -A8 is in respect of Recognition Policy of the DEC (Distance Education Council). The list of Universities/Institutions approved by the DEC as on 6.4.2009 is published in the said Policy. The said list reveals that Annamalai University in Tamilnadu State is recognized regularly w.e.f. 15.2.2007, whereas, it was given post -facto recognition from 1995 -2007.