1 APHC010659102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 34149/2025 Between: 1. BALUSU BHANU KRISHNA, S/O PANAKALA RAO, AGED 28 YEARS, R/O D.NO.36-N-11/1, NTR BRIDE WARFF ROAD, KAKINADA, EAST GOADAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, KAKINADA, EAST GODAVARI DISTRICT. 3. THE ENGINEERIN CHIEF, PANCHAYATI RAJ DEPARTMENT, VIJAYAWADA. 4. THE SUPERINTENDING ENGINEER, PR CIRCLE, KAKINADA. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus,declaring the impugned action of the respondent particularly the 2nd respondent ,in rejecting the Case of the petitioner. to the post of Engineering Assistant, as per notification No. 1/2019 dt 26-7-2019, Vide proceedings R.C.No A2/Engineering. Assistant GR- 2 E/2024 dt 29-4-2025, only on the ground that the Petitioner is Diploma holder of Automobile Engineering as highly illegal, arbitrary and Violative of Article 14 and Article 16 of constitution of India, consequently set aside the same and consider the case of the petitioner in the light of the letter Lr.No APSCHE/ PGP/ Equiv / Appsc - Mechanical Engineering ,2012 dt 31-12- 2012, issued by the Secretary, Andhra Pradesh State Council of Higher Education and in pursuance of the orders in W.P.No.5336/2020, dt.04.09.2024, on par with other Candidates who were appointed in pursuance of notification 01/2019 dt.26.07.2019, with all consequential benefits. in the interest of justice and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to set aside the Speaking orders issued by the 2nd respondent, rejecting the case of the petitioner vide proceedings Rc.No.A2/Eng.Assit.Gr.ll/2024, dt.29.04.2020, to the post of Engineering Assistant, in pursuance of notification 01/2019, dt.26.07.2019. pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. G V SHIVAJI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 34149 OF 2025 ORDER:- The present writ petition is filed questioning the action of Respondent No.2, in rejecting the case of the Petitioner to the post of Engineering Assistant vide proceedings in R.C.No.A2/Eng.Asst.Gr-II/2024 dated 29.04.2025, as illegal and arbitrary. 2. The petitioner possesses the qualification of Diploma in Automobile Engineering. While so, Respondent No.3 issued a Notification No.1/2019 dated 26.07.2019 notifying a total of 11,158 posts for Engineering Assistant (Grade-II). The qualification prescribed for the aforesaid post is “Must possess a Diploma in Civil/Mechanical Engineering awarded by the State Board of Technical Education and Training, Andhra Pradesh or its equivalent qualification”. 3. Petitioner applied to the post of Engineering Assistant (Grade-II) in the notification mentioned supra. Though, Petitioner had qualified in the selection process, at the stage of certificate verification, Petitioner was denied for appointment to the post of Engineering Assistant (Grade-II) on the ground that, Petitioner possess Diploma in Automobile Engineering, which is not equivalent to the educational qualification prescribed in the Notification No.1/2019 dated 26.07.2019. 4 4. Questioning the same, Petitioner had filed W.P.No.5336 of 2020, which was disposed of by this Court vide order dated 04.09.2024, directing the Respondent(s) to pass appropriate orders with regard to the claim of the Petitioner. Consequently, the impugned proceedings were passed by the Collector and District Magistrate, Kakinada, rejecting the claim of the Petitioner. Hence, the present writ petition is filed. 5. Sri G. V. Shivaji, learned counsel for the Petitioner relied on a notification dated 28.04.2017 issued by All India Council for Technical Education (for short „AICTE‟) in exercise of its powers, to substantiate his plea that, Automobile Engineering is equivalent to Mechanical Engineering. It is further contended that impugned proceedings do not take into consideration the above said aspect. 6. Learned Assistant Government Pleader appearing for Respondent Nos.1 to 4 submitted that Educational Qualification prescribed in the notification is „Diploma in Civil/Mechanical Engineering awarded by the State Board of Technical Education and Training, Andhra Pradesh or its equivalent qualification‟ and further submitted that „Automobile Engineering‟ cannot be an equivalent to „Mechanical Engineering‟. 7. Heard Sri G.V. Shivaji, learned counsel for the Petitioner and learned Assistant Government Pleader for Respondent Nos.1 to 4. 8. The claim of the Petitioner is entirely relied on substantiating Automobile Engineering is an equivalent qualification to Mechanical Engineering. 5 9. The Petitioner is a Diploma holder in Automobile Engineering, while the prescribed qualification to the post of Engineering Assistant (Grade-II) in the notification mentioned supra is „Diploma in Civil/Mechanical Engineering‟ or „Bachelor degree in Civil/Mechanical Engineering‟. The relevant portion with regard to qualification in the notification, reads as follows:- “Must possess a Diploma in Civil/Mechanical Engineering awarded by the State Board of Technical Education and Training, Andhra Pradesh or its equivalent qualification” or “Bachelor degree in Civil/Mechanical Engineering of a University in India established or incorporated by or under Central Act or a State Act or an Institution recognized by the University Grant Commission” 10. The issue of equivalance is an exclusive domain of the State Government and the impugned order passed by the Collector and District Magistrate cannot be equated to the State Government decision. The Division Bench of this Court after referring the Judgment of Hon‟ble Apex Court in the case of Basic Education Board, U.P Vs. Upendra Rai and others1, held that, equivalence of degree is a policy matter and will in the exclusive domain of the state and further held that, it is not open for the authorities to take a decision on the equivalence of the degree. The relevant portion/paragraph no.9 of the Judgment delivered by Division Bench of this Court in W.A.No.1255 of 2023 dated 08.12.2023 is extracted below:- “From the reading of the above, it is apparent that the issue of equivalence of Degree is a policy matter and in the exclusive domain of the State. That being the settled position in law, it was not open for the authorities other than the competent authority namely the State to take a decision on the equivalence of the Degree’’. 1 2008 AIR SCW 1560 6 11. The impugned order which was passed by the Collector and District Magistrate, Kakinada i.e., Respondent No.2 cannot be sustained as the decision has to be taken only by the Respondent No.1/State Government of Andhra Pradesh. 12. In that view, the writ petition is disposed of, with the following directions:- (i) The Impugned Proceedings in R.C.No.A2/Eng.Asst.Gr-II/2024 dated 29.04.2025 passed by Respondent No.2 is set aside. (ii) The Petitioner shall submit compliance to the State Government enclosing the claim of equivalence for Diploma in Mechanical Engineering with the Diploma in Automobile Engineering along with the notifications relied upon, for the purpose of recruitment to the post of Engineering Assistant Grade II as per Andhra Pradesh Panchayat Raj Engineering Subordinate Service Rules. (iii) On receipt of the same, the State Government shall consider the claim of the Petitioner and shall pass appropriate orders with a period of two (02) months from the date of receipt of compliance from the Petitioner. (iv) There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 09.12.2025 CHS 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 176 WRIT PETITION NO:34149 OF 2025 Dt.09.12.2025 chs