Research › Search › Judgment

Madras High Court · body

2015 DIGILAW 3617 (MAD)

V. Kavitha v. State of Tamil Nadu

2015-11-16

D.HARI PARANTHAMAN

body2015
ORDER : 1. Tamil Nadu Public Service Commission has called for applications vide Notification dated 14.10.2014 for Group-IV posts. The petitioner submitted an application on 27.10.2014. Based on her application, she was issued Hall Ticket by the second respondent to appear for the written examination on 21.12.2014. She was successful in the written examination and she was called for certificate verification. At the time of certificate verification, she was not granted age relaxation, taking into account the degree qualification of the petitioner. The certificate verification took place on 16.07.2015. The petitioner passed B.A. (Economics) in Madurai Kamaraj University. According to her, if a degree given by the University was considered as a valid degree, she is entitled to age relaxation, since the minimum educational qualification for Group-IV posts is 10th Standard with the technical qualifications. It is not disputed by the learned counsel for the respondents that if the petitioner possessed a valid degree, she is entitled to age relaxation. According to the respondents, the petitioner did not pass Plus-Two and she passed only 10th Standard and thereafter she obtained the degree from Madurai Kamaraj University and hence, the degree without passing Plus-Two, is not a valid one and the same cannot be considered as a valid degree. 2. As far as the Group-IV posts are concerned, the requisite qualification is not a degree. A person with 10th Standard with technical qualifications prescribed for the post is entitled to apply. But a person with degree qualification can apply without reference to any upper age limit. 3. Therefore, the whole question is whether the respondents are correct in refusing to consider the degree awarded by Madurai Kamaraj University, as a valid one. 4. I have considered the issue in detail in my judgment dated 21.04.2014 in W.P. No. 13054 of 2010, etc. batch P. Raman vs. Government of Tamil Nadu. In the said judgment, I have considered the relevant UGC Regulations. 5. While the UGC Regulations make it clear that one cannot get Post Graduate degree without a valid degree, the UGC Regulations permit persons without having Plus-Two, to get a degree, if the concerned University admitted the said persons to the degree programme after conducting entrance examination for the said purpose. Universities conduct foundation courses and thereafter by conducting entrance examination, admit students in a degree course who did not possess Plus-Two. Universities conduct foundation courses and thereafter by conducting entrance examination, admit students in a degree course who did not possess Plus-Two. In the said judgment, after considering various judgments and the UGC Regulations, I have held that the degree awarded by the University without Plus-Two is valid if the concerned candidate passes entrance examination before being admitted to the degree course by the University. It is useful to extract Paragraphs-33 and 36 of the aforesaid judgment:- "33. However, in that case, the issue was relating to a person, who possessed postgraduate degree in Open University System without a basic degree. In any event, the aforesaid passage makes it clear that in the case of degree obtained through Open University System either one should have obtained it after passing +2 examination or one should have passed the entrance examination before being admitted into the degree course……… 36. Therefore, the aforesaid two Division Bench judgments and the judgment of the Apex Court in (2012) 3 MLJ 717 make it clear that it is not only the degree awarded by Open University to the candidates, who passed +2 examination, is valid one, but also the degree awarded to the persons, who did not pass +2 examination, but were admitted to degree course after passing the entrance examination conducted by the University, is also a valid one, as per Clause 1 of Regulation 2 of 1985 UGC Regulations." 6. The above said judgment is also followed by another learned Judge in the order dated 11.09.2014 made in W.P. Nos. 19447, 19810 and 19875 of 2014 A. Valarmathi vs. Chairman, Teachers Recruitment Board, Chennai. Paragraphs 4 and 5 of the said judgment reads as under:- "4. I am unable to accept the contention of the learned Government Advocate for the respondents. In the judgment rendered in W.P. No. 13742 of 2010 (batch case), the learned Judge of this Court considered the judgment of Annamalai University reported in (2009) 4 SCC 590 , the scope of G.O. Ms. No. 107 P & AR Department, dated 18.8.2009 and held that as per UGC Regulation when a person studies Under Graduate Course after writing Entrance Examination, such person is entitled to hold the degree and it is valid. No. 107 P & AR Department, dated 18.8.2009 and held that as per UGC Regulation when a person studies Under Graduate Course after writing Entrance Examination, such person is entitled to hold the degree and it is valid. As stated supra, the petitioner in W.P. No. 19447 of 2014 and 19810 of 2014 studied HSC (+2) but did not get through the examination and after writing entrance examination, they studied Under Graduate Course through distance education and that is permissible under Regulation 2 of the UGC Regulations 1985 framed under Section 26 of the UGC Act 1956." 7. In these circumstances, the petitioner made a representation dated 24.07.2015 to consider her for the post of Typist without reference to age in view of her degree qualification, in the light of the judgments referred to above. For the aforesaid reasons, the writ petition is disposed of directing the petitioner to make a fresh representation enclosing the copies of judgments referred to above, to the second respondent and the second respondent is directed to consider the representation and dispose of the same in the light of the judgments of this Court enclosed along with the representation, within a period of three weeks from the date of receipt of the representation from the petitioner. No costs. Consequently, the connected miscellaneous petition is closed.