Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | University Grants Commission |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | University Grants Commission (the minimum standards of instructions for the grant of the first degree through non formal/distance education in the faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences) Regulations, 1985: Regulation 2 - University awarding M.A. degree through Open University System without the candidate having passed Bachelor's degree course - HELD: The M.A. degree so awarded to the candidate being in violation of the Regulations, he was rightly held by High Court not eligible for appointment to the post of Principal of the Film and Television Institute - Service Law. The instant appeals were filed by the Annamalai University and a candidate whose appointment as Principal in the Film and Television Institute, Tamil Nadu, was challenged by the respondent-candidate in a writ petition before the High Court. The Division Bench of the High Court held that the appellant was not eligible to be considered for the post, as the M.A. degree obtained by him through Open University System without there being a first (Bachelor's) degree was not a valid one and, consequently, directed the State to take steps to fill up the post in accordance with law. It was contended for the appellant-University that the University Grants Commission (the minimum standards of instructions for the grant of the first degree through non-formal/distance education in the faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences) Regulations, 1985, framed by the UGC both providing for the eligibility to seek admission to the B Master's degree as also information required to be furnished thereabout by the State Universities to the UGC, the latter must be held to have relaxed the conditions as no direction in that behalf was communicated to the University. The contention on behalf of the appellant candidate, was that the Master's degrees awarded upto 30.6.1989 were treated to be valid and the UGC Regulations were amended only in the year 2003. or the respondents it was contended that the purported ex post facto recognition of the MA degree granted by the 0 Distance Education Council was wholly without jurisdiction. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 261 |
Petitioner | Annamalai University Rep. By Registrar |
Respondent | Secy. To Govt. Infn. & Tourism Dept. & Ors. |
SCR | [2009] 3 S.C.R. 355 |
Judgement Date | 2009-02-25 |
Case Number | 4173 |
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