Rejects argument that it is valid if candidate passes Plus-Two
A degree awarded in the distance education mode without a candidate passing the Plus Two examination is a valid one, if that has been obtained after passing the entrance test for admission to the graduation course, the Madras High Court ruled on Monday.
The validity of a degree should not be tested on the anvil of a G.O., but should be done based on the relevant UGC regulations.
A regulation made it clear that open universities could admit students to the degree course in the non-formal/distance education mode even if they did not pass the Plus-Two examination, but those students should have passed the entrance test for admission to the degree course.
The court rejected the government submission that as per a G.O. of August 18, 2009, the degree awarded in the distance education mode to candidates who had passed Plus Two examination alone should be considered as a valid one.
Justice D.Hariparanthaman passed the order on petitions in which the common question before him was as to whether the petitioners possessed the requisite educational qualification for selection to posts included in Combined Subordinate Services Examination-I, 2008 (Group II) and Group-I Services Examination 2007-2009 of TNPSC.
The petitioners’ results had been withheld as the TNPSC felt that they did not possess the requisite educational qualification.
Most of the petitioners had obtained post-graduate degree without obtaining a basic degree through the open university system. Other petitioners had obtained degree without passing the Plus Two examination, and however, they had appeared for the entrance examination before being admitted in the distance education programme for degree course.
Mr.Justice Hariparanthaman said the Supreme Court had categorically declared that a post-graduate degree obtained from an open university without a basic degree was invalid.
Therefore, in his view, the petitioners who had obtained the PG degree without a basic degree, did not possess the requisite qualification prescribed in the notification inviting applications to Group I and II posts.
The Judge said petitioners who had obtained degree from open university without passing the Plus Two examination, but passed the entrance test for admission to degree course, were entitled to be selected for Group II posts and they should also be given employment.
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