Madras High Court 
Tamil Nadu

Fix rules to include graduates from open universities, UGC told

The appellants joined as assistants in the University of Madras with the education qualification of Class 10. Later, they all secured degrees, including Post Graduate (PG) courses.

Thamarai Selvan

CHENNAI: The Madras High Court (MHC) directed the University Grants Commission (UGC) to frame full-fledged regulations to treat candidates with degrees from open universities in appointments and promotions.

“To avoid conflicts in the future, and undermine the degrees secured through open universities as invalid for employment, suitable endeavour should be made by the stakeholders including the UGC,” wrote a division bench comprising Justices R Suresh Kumar and K Kumaresh Babu, while disposing of a batch of petitions challenging the disqualification of open university degree-holders from service at the Madras varsity.

If such an exhaustive regulation with statutory force were framed by the UGC, it could be adopted by all stakeholders. “This kind of conflicting stand taken by various employers like the State governments, public sector undertakings, statutory universities can be avoided,” wrote the bench. “We except that the UGC shall come forward immediately to address this issue as it has become a national issue now.”

The appellants joined as assistants in the University of Madras with the education qualification of Class 10. Later, they all secured degrees, including Post Graduate (PG) courses, through the open university.

But, the varsity refused their promotions for the post of section officer citing GO 107 of 2009. The GO stated that the candidates who secured degrees through open university, without following regular pattern of education, cannot be considered in the employment and promotions. With this GO, the varsity’s syndicate passed a resolution in 2011 refusing them promotions.

Aggrieved by this, the appellants approached HC in 2012. Meanwhile, the varsity submitted before the court that all appellants were promoted and promotion order issued, hence the petition was disposed of.

However, in 2018, the varsity’s syndicate passed another resolution disqualifying the appellants’ promotion from section officers as they didn’t follow the regular pattern. So, the appellants filed a batch of appeals in HC to set aside this resolution.

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