A Master’s degree, obtained through the Open University
system, without a foundation degree, or the basic degree equivalent to a
recognised degree, is invalid, the Madras High Court has ruled. Such a degree is
not valid for any purpose, including employment, it said.
A Division Bench of Justice P.K. Misra and Justice K.K. Sasidharan, passing
orders on two writ appeals and a writ petition, said UGC Regulations had made it
clear that “no person is eligible to appear for the M.A. examination of the Open
University, unless such person had obtained the first degree.”
It further said: “There is no doubt that UGC regulations do not contemplate
conferment of a Master’s degree through the Open University system unless a
person has got the first degree either as a formal student or under
non-formal/distance education system. It is, thus, apparent that conferment of
Master’s degree through the non-formal system or the Open University system is
contemplated only when the student desirous of taking such a degree has already
obtained the first degree, namely, the graduation degree.” “Various
correspondence also indicate that even the persons, who had obtained the first
degree by not completing the three-year degree course after Plus-Two, were
required to undergo a bridge course for one year before becoming eligible for
being … a candidate for M.A. examination of the open university system…
There is not even a single correspondence on record to indicate that
indirectly the UGC had ever approved allowing persons to appear for M.A.
examination, though such persons had not obtained the first degree,” the
judgement said.
The matter relates to a writ petition filed against the appointment of Mr.
Ramesh as principal of Film and Television Institute of Tamil Nadu. The
appointment was challenged on the ground that he had obtained M.A. from
Annamalai University without any preceding formal education.
The State Government, in its counter-affidavit, contended that as per an
August 1997 order, a degree obtained through the Open University was equivalent
to the degree obtained in the regular stream for employment in a government
department.
The UGC, which was impleaded as respondent as per the directions of the
Supreme Court, said as per the UGC (Minimum Standards of Instructions for the
grant of First Degree Through Non-formal/Distance Education in the Faculties of
Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences)
Regulations 1985, no student who had not successfully pursued the first degree
course of three-year duration was eligible to seek admission to the Master’s
course.
Issue relates to a writ filed against the appointment of principal of Film
and Television Institute of Tamil Nadu
Source: http://www.hindu.com/edu/2008/02/18/stories/2008021850730100.htm
