Post Graduate Degree From Open University Without Undergoing Basic Degree Course Is Not Valid: Supreme Court

A Bench of Justices Hrishikesh Roy and Sanjay Karol noted that whether a post graduate degree obtained from Open University without undergoing the basic graduation course is acceptable was already answered in another judgement - Annamalai University v. Secretary to Government, Information and Tourism Department.

“The High Court in the impugned judgment referred to in N. Ramesh v. Sibi Madan Gabriel reported in (2008) 3 MLJ 255 and held that post graduate degree obtained through Open University without undergoing basic degree is not acceptable. The decision of the High Court was upheld by this Court in Annamalai University v. Secretary to Government, Information and Tourism Department reported in (2009) 4 SCC 590”, the Bench noted. 

In the present case, the petitioner, being an aspirant, responded to a notice for direct recruitment issued by the Tamil Nadu Public Service Commission in 2008. The Notification contained details of essential educational qualifications required for the post. The petitioner had obtained a post graduate degree from an open university without, however, pursuing any under graduate course prior to it.

Relying on the Annamalai University case, the High Court had held that a candidate who obtained post graduate degree would be considered valid only if the said degree is obtained after undergoing the basic degree course.

Aggrieved, the petitioner moved the Top Court. The Court, in turn, observed that memorandum doesn’t confer any benefit on candidates such as petitioner, who had obtained post graduate qualification without undergoing the basic degree course.

Noting that the High Court’s decision did not suffer from any “infirmity”, the Bench proceeded to dismiss the SLPs.

While Senior Advocate R Balasubramaniam appeared for the petitioner, Senior advocate P Wilson appeared for the respondents, State of Tamil Nadu.

Case Title: P Raman Vs Government of Tamil Nadu and Ors | Special Leave Petition (Civil) Diary No(S).3959/2021

Citation : 2023 LiveLaw (SC) 169

For Petitioner(s) Mr. Col. R Balasubramaniam, Sr. Adv. Mr. M. A. Chinnasamy, AOR Mr. K.S. Gnanasambandan, Adv. Mr. P Rajaram, Adv. Mr. C Raghavendren, Adv. Mr. V Senthil Kumar, Adv. Mrs. Sujatha, Adv.

For Respondent(s) Mr. P. Wilson, Sr. Adv. Mr. Sabarish Subramanian, AOR Mr. Vishnu Unnikrishnan, Adv. Mr. Apoorv Malhotra, Adv. Mr. P. Shankar, Adv.

Education - Post graduation from open university without basic degree is not an acceptable qualification - Annamalai University v. Secretary to Government, Information and Tourism Department reported in (2009) 4 SCC 590 followed