Chennai : Post Graduate degree obtained in the Open University System without a basic Under Graduate degree cannot be considered either for appointment or promotion, the Madras High Court has ruled.
A division bench of Justices Pushpa Sathyanarayana and Krishnan Ramasamy gave the ruling on Tuesday while allowing a writ appeal from the Inspector General of Registration and the secretary of Commercial Taxes & Registration department challenging a February 2020 order of a single judge.
The issue relates to the educational qualification for the purpose of promotion as Sub Registrar Grade I from Sub Registrar Grade-II.
G Senthilkumar of Vellore district had passed his SSLC in 1996 and HSC in1998.
He obtained M A degree in Sociology from Annamalai University through Open University stream during 2002-2004.
After passing out the examination conducted by the Tamil Nadu Public Service Commission, he was appointed as Sub Registrar Grade-II in 2009.
He had also cleared the departmental examination and qualified himself to be included in the panel for promotion to of Sub Registrar Grade-I for 2011-2012.
As his name was not included in the panel, he made a representation to his higher up, who in 2012 informed him that the promotion should be considered in terms of the government orders (GOs) passed in 2009 by the Personnel and Administrative department, which stated that any diploma/degree and PG degree in OU system other than the regular/main system is not valid. Aggrieved, he moved the High Court and a single judge allowed his plea.
Hence, the present appeal from the heads of the departments.
Quashing the order of the single judge, the bench observed that when the Tamil Nadu Registration Subordinate Service Rules prescribes merit and ability, the seniority alone will not confer any right to the petitioner, when otherwise educationally also he is not qualified.
The GOs had clearly held any diploma/degree and PG degree in Open University System other than the regular/main system is not valid and hence, the petitioner, who has got the M A degree from an open university without obtaining the Under Graduate from a University is not valid.
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