Date Of Examination Cannot Be After Or On Date Of Issuance Of Provisional Certificate: Andhra Pradesh High Court
|The Andhra Pradesh High Court held that the date of examination cannot be after or on the date of issuance of the provisional certificate.
The Court held thus in a Review Application seeking review of the Judgment passed by the Coordinate Bench.
A Division Bench comprising Justice Ravi Nath Tilhari and Justice V. Srinivas observed, “The provisional certificate will be issued only after examination and declaration of result. The last date of examination therefore cannot be after the declaration of result nor it can be deemed to be the date of issuance of the provisional certificate. In no case, the date of examination can be after or on the date of issuance of the provisional certificate.”
Advocate P.V.A. Padmanabham appeared on behalf of the Review Petitioner while Advocate V.V. Satish appeared on behalf of the Respondents.
In this case, the Petitioner was appointed as Additional Assistant Engineer (AAE), during the year 2009 with diploma qualification. During service, he attended B.Tech (EEE) examination. The last date of examination for him was August 16, 2010 and hence, he obtained provisional certificate of B.Tech (EEE) on July 12, 2012. He made representation to the Respondent for conversion from post of AAE to Assistant Engineer (AE) on acquisition of qualification of degree under the A.P. State Electricity Board Regulations.
The Respondent issued a Memo, converting the Petitioner for the post of AAE to AE. A Writ Petition was filed challenging the Memo on the ground that the last date of examination should be taken as the criteria for acquisition of the requisite qualification for conversion from AAE to AE post, instead of date of issuance of the provisional certificate of B.Tech course. The Single Judge dismissed the same and the Petitioner’s Writ Appeal was also dismissed. Challenging this, the Review Application was filed.
The High Court in the above context of the case, noted, “Prima facie, the memo does not clarify nor relate to the ‘last date of examination’. It only clarifies that the date on which the provisional certificate is issued shall be deemed to be the date of obtaining the degree. The date on which the provisional certificate was issued shall be the basis for consideration of such cases or promotion to the next higher cadre.”
The Court said that in the absence of degree, to entitle the candidate/employee to show the proof of having acquired the qualification, where the provisional certificate has been obtained, the date of the provisional certificate is deemed to be the date of obtaining the degree.
“We are of the view that there is error apparent in the judgment under review and there is sufficient cause to review the judgment”, it concluded.
Accordingly, the High Court allowed the Review Application and set aside the impugned Judgment.
Cause Title- Bocha Srinu Babu v. B. Mohan and 3 Others