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P Sadarack vs Union Of India And Others

Madras High Court|15 March, 2017
|

JUDGMENT / ORDER

K.K.SASIDHARAN,J.
The request made by the petitioner for promotion to the post of Telecom Technical Assistant under the 10% absorption quota for the year 2008 was rejected on the ground that the certificate obtained by him through distance education from Vinayaka Mission's University is not a valid Diploma, as it was not recognised by the All India Council for Technical Education (AICTE). The order passed by the Bharat Sanchar Nigam Limited (BSNL) was challenged before the Central Administrative Tribunal in the Original Application in O.A.No.1336 of 2010. The Tribunal considered the Original Application along with similar applications and having found that the course in question was not a regular course, recgonised by AICTE, dismissed the original applications. Feeling aggrieved, the petitioner has come up with this writ petition.
2. We have heard the learned counsel for the petitioner and the learned Stand Counsel for BSNL.
3. There is no dispute that the petitioner secured Diploma through distance education. The course was conducted by Vinayaka Mission's University at Salem. There was no statutory approval for conducting the Diploma course. The application submitted by the petitioner for promotion under the 10% absorption quota was rejected only on the ground that the Diploma was not from a recognised institution.
4. The Tribunal by way of a well considered order rejected the contention taken by the petitioner and other similarly placed employees. Even before the Tribunal, there was no material produced by the petitioner to show that the Diploma Course offered by Vinaya Mission's University was recognised by the statutory authority. We are not in a position to take a different view in the subject matter to modify the order passed by the Central Administrative Tribunal. There is absolutely no merit in the contention taken by the petitioner.
K.K.SASIDHARAN.,J.
and
M.V.MURALIDARAN.,J.
(svki)
5. In the up shot, we dismiss the writ petition. No costs.
(K.K.SASIDHARAN.,J.) (M.V.MURALIDARAN.,J.) 15 March 2017 svki To
1. The Assistant General Manager(Admin & HR), Union of India, Office of the General Manager, BSNL, Erode Telecom District, Erode.
2. Senior Divisional Engineer, BSNL, Chithode, Erode District.
3. The Registrar, Central Administrative Tribunal, Chennai - 104.
W.P.No.17472 of 2016
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Title

P Sadarack vs Union Of India And Others

Court

Madras High Court

JudgmentDate
15 March, 2017
Judges
  • K K Sasidharan
  • M V Muralidaran