Date Of Acquisition Of Qualification Is Date Of Declaration Of Results, Not Date Of Issuance Of Provisional Certificate: Andhra Pradesh HC

The Andhra Pradesh High Court has reiterated that date of acquiring requisite qualification would be from the date of declaration of results and not the date on which the provisional certificate was issued.A Division Bench of Justice Ravi Nath Tilhari and Justice V Srinivas further held that though a provisional certificate is proof of qualification, its date of issuance cannot be taken as the date of acquisition of the qualification in question. The court pointed out that Regulation – 33 of Andhra Pradesh State Electricity Board (A.P.S.E.B.)Service Regulations, 1968 stipulates a 'last day of examination' rule that was not followed by the GO being relied on by the respondent/Corporation. “The material aspect; as to whether this memo dated 05.02.1992 clarifies 'last date of examination' as under Regulation-33 or the date of issuance of the provisional certificate is deemed to be the date of obtaining the degree, escaped consideration. This aspect is material for the reason that the degree is issued after some time, and 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. Whether such date of obtaining the provisional certificate has been clarified by memo, to be the 'last date of examination under the Regulation-33', prima facie, we are of the view that it is not so. “Relying on Rakesh Kumar Sharma Vs. State (NCT of Delhi) and Others and Medi Apanna v. The Tahsildar, Burji Mandal & ors, the bench held:“The date of acquisition of qualification, it is settled in law that, in the absence of any rule/regulation to the contrary, would be the date of declaration of result. The issuance of the provisional certificate, degree or diploma, is only the proof of acquisition of such qualification, but the date of issuance is not the date of acquisition of the qualification.”Background: The review was filed challenging the order passed in an Appeal, that confirmed the order passed by the single judge. The petitioner was initially appointed as Additional Assistant Engineer (AAE) in 2009 with a diploma qualification. During his service, he completed his B.Tech (EEE) examination, with the last examination date being August 16, 2010. He obtained his provisional certificate on July 12, 2012. Subsequently, he requested conversion from AAE to Assistant Engineer (AE) based on his newly acquired qualification under the A.P. State Electricity Board Regulations. The authorities issued a memo dated March 23, 2012, converting his post from AAE to AE effective from March 22, 2012 - the date of the provisional certificate issuance.Challenging the same, the petitioner filed a writ petition in the year 2022 praying that either his date of qualification be considered as the last day of examination for the conversion of his post of Additional Assistant Engineer (AAE) to the post of Assistant Engineer (AE) or cancel the conversion and permit him to continue in the post of AE and be entitled to the benefits thereof. The respondents relied on a GO dated 05.02.1991 that explicitly indicated that the date of qualification would be from date of issuance of provisional certificate. The single judge bench dismissed the petition, owing to the GO, and with an observation that the petitioner himself had delayed in acquiring his certificate.The order was challenged by way of an appeal, which too was dismissed conceding with the view taken by the single judge bench and adding, that the review petitioner had already exercised his option of conversion and now could not approbate and reprobate. Challenging the appeal order, the present review petition was filed. Senior counsel appearing on behalf argued that the date of declaration of results should be considered as the date of qualifying. The respondents on the other hand contended that an altogether new argument could not be raised at the time of review. Pointing to the order passed in the appeal, the Bench noted that the bench had considered the aspect of acquiring qualification on the date of declaration of results, but rejected it. Thus, it was not a new plea that needed elaborate evidence and could be considered. Referring to the Memo dated 05.02.1992, the Bench observed that it had not considered Regulation-33 of the Service Rules. “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 Bench emphasized that the date of issuance of provisional certificate cannot be taken as the date of qualification because it is mostly uncertain; whereas, the last date of examinations is fixed. Thus,...

Date Of Acquisition Of Qualification Is Date Of Declaration Of Results, Not Date Of Issuance Of Provisional Certificate: Andhra Pradesh HC

Fareedunnisa Huma

Tags