PG degree from an Open University in absence of a UG degree doesn't hold value: Madras High Court

By - Divisha Srivastava*

During 2002-04, the petitioner, G Senthil Kumar obtained M.A. Degree from Annamalai University through Open University stream during. He cleared the Tamil Nadu Public Service Commission examination and was appointed probation for two years as a Sub-Registrar Grade-II in 2009.

The petitioner had also qualified to be included in the panel for promotion to Sub-Registrar Grade-I post by passing the departmental examination. His name, however, did not appear on the panel, as he had been informed that, according to government orders (GO), anyone who has obtained a post-graduation or any diploma degree from an Open University his application is not valid.

The petitioner approached the Madras High Court against the same and a single-judge bench of the High Court allowed his plea for getting included in the panel for promotion. However on appeal by the department a division bench comprising Justices Pushpa Sathyanarayana and Krishnan Ramasamy overturned the single judge’s decision, stating that while the Tamil Nadu Registration Subordinate Service Rules need merit and competence, seniority alone would not give any rights to the petitioner if he is otherwise unqualified educationally.

“...applying G.O.Ms.No.107 and 116, which state that any Diploma/Degree and Post -Graduate Degree in Open University System other than the regular/main system is not valid and therefore, the petitioner, who has got an M.A., degree without obtaining the Under Graduate from an Open University is not valid...the authorities have rightly rejected the prayer,” the bench held.

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* Divisha Srivastava is a 1^st year student pursuing B.B.A.LL.B from S.N.D.T School of Law, Mumbai, Maharashtra.