V. Navaneetha Krishnan vs The Secretary

The appellants in W.A.No.378 of 2012 are the review applicants in this review application.

The applications submitted by the applicants herein for appointment to the post of Assistant Engineer (Electrical) by internal selection were not considered by the Tamil Nadu Electricity Board on the ground that they have acquired B.E. Degree through distance education programme. The stand taken by the Tamil Nadu Electricity Board was approved by the learned Single Judge by dismissing the writ petition filed by the review applicants. The applicants thereafter filed a writ appeal and canvassed the very same points. This Court, having found that it is the prerogative of the management to prescribe the essential qualifications for appointment, rejected the contentions and dismissed the intra-court appeal.

The applicants now seek to review the said judgment on the sole ground that the distance education programme conducted by the Vinayaga Mission University was approved by the All India Council for Technical Education and as such, the finding given by this court in its judgment is factually erroneous.

It is true that while considering the contentions taken up by the applicants with regard to the distance education programme, we have observed that there is no document before this court to substantiate the contention that the distance education programme conducted by the Vinayaga Mission University was approved by the All India Council for Technical Education. However, we have also observed that it is not for the applicants to dictate as to the manner in which essential qualification should be prescribed by the employer for appointment to a particular post.

The notification issued by the Tamil Nadu Electricity Board contain a stipulation that those who obtained degree through distance education are not entitled for selection. Such being the case, the applicants have no legal right to insist that the qualification obtained by them through distance education programme should be accepted by the employer. The grounds taken in the review application have already been considered by us earlier. Therefore, we do not find any merit in the review application.

In the result, the review application is dismissed. No costs. Consequently connected miscellaneous petition is closed.