LAWS(MAD)-2020-1-262

J. RAMESH KUMAR Vs. CHAIRMAN OF EQUIVALENCE COMMITTEE

Decided On January 22, 2020
J. Ramesh Kumar Appellant
V/S
Chairman Of Equivalence Committee Respondents

JUDGEMENT

(1.) This Writ petition has been filed for a direction to the second respondent to place the petitioner's representation before the equivalence committee and pass resolution by granting equivalence status to his Educational Qualification (B.Tech Civil Engineering) acquired through open distance learning mode from IGNOU on par with the qualification acquired through regular stream for the purpose of employment in the light of the Hon'ble Apex Court Judgement in W.P(C).No.382 of 2018 dated 11.03.2019 by considering the petitioner's representation, dated 10.09.2018, 21.01.2019 and 19.07.2019.

(2.) Mr.C.M.Mari Chellaiah Prabhu, Additional Government Pleader takes notice for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

(3.) The case of the petitioner is that he has obtained B.Tech Civil Engineering through Open and Distance Learning (hereinafter referred to as 'ODL') by Indira Gandhi National Open University (hereinafter referred to as 'IGNOU'). After having passed in the said Course, he was awarded with Degree of B.Tech Civil Engineering by IGNOU on 03.02.2012. Thereafter, on 22.07.2016, the Higher Education Department of Tamil Nadu based on the recommendation of 53rd Equivalence Committee Meeting and based on the policy decision taken by the All India Council for Technical Education (hereinafter referred to as 'AICTE') has passed G.O(Ms).No.149 by declaring that the candidates who possessed Diploma/B.E.Degree through Distance Education Mode shall not be considered as equivalent to the qualification acquired through regular stream. Against the policy decision, the Hon'ble Apex Court in Civil Appeal No.3697-3698 of 2018 on 10.04.2018 has passed the judgment by holding that the candidates who were admitted through distance learning up to academic year 2009-2010 may be left undisturbed. Since the petitioner's qualification was squarely covered under the above said judgment, he filed Writ petition in W.P(C).No.382 of 2018, on 30.07.2018 the Hon'ble Apex Court has followed the earlier judgment, dated 10.04.2018 and held that AICTE approval for the said course is not necessary.