LexANNAMALAI UNIVERSITY REP. BY REGISTRAR versus SECY. TO GOVT. INFN. & TOURISM DEPT. & ORS.
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- [2009] 3 S.C.R. 355 • ANNAMALAI UNIVERSITY REP. BY REGISTRAR A v. SECY. TO GOVT. INFN. & TOURISM DEPT. & ORS. (Civil Appeal No. 4173 of 2008) FEBRUARY 25, 2009 B · [S.B. SINHA AND DR. MUKUNDAKAM SHARMA, JJ.] 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, c 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 D 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. E 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 F 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 G -" > the post in accordance with law. It was contended for the appellant-University that the University Grants Commission (the minimum standards 355 H 356 SUPREME COURT REPORTS [2009] 3 S.C.R. A 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- C 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. F o r 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. Dismissing the appeals, the Court HELD:1.1 In the matter of higher education, it is E necessary to maintain minimum standards of instructions. Such minimum standards of instructions are required to be defined by UGC. The standards and the coordination of work or facilities in universities must be maintained and for that purpose required to be regulated. F [Para 23] [381-E-F] 1.2. In the matter of laying down qualification of teachers, running of the University and the matters provided for under the UGC Act, the 1985 Regulations are applicable and binding on all concerned. The G Regulations clearly aimed at the Open Universities. IGNOU has not made any regulation; nor has it issued any Ordinance; it is guided by the Regulations framed by the UGC. The validity of the provisions of the 1985 Regulations has not been questioned either by IGNOU or H by the appellant-University. From a letter dated 5.5.2004 - '. ANNAMALAI UNIVERSITY REP. BY REGISTRAR v. SECY. 357 .... TO GOVT. INFN. & TOURISM DEPT. & ORS . ~ issued by the authority who was not only the Vice- A Chancellor but also the Chairman of the Distance Education Council of IGNOU it is evident that the appellant-University has violated the mandatory provisions of the 1985 Regulations. [Para 23] [382-C-F] 1.3. Indisputably, the fact that the appellant- B University had been granting postgraduate degrees to ~ the candidates concerned, although they had not completed three years' graduate degree course, in violation of Regulation 2 of the 1985 Regulations, came c to the notice of the UGC as also IGNOU. A meeting was held in March 2004. It was agreed in the said meeting that the admission to the Masters' Degree Programme under the OUS without requiring the three years graduate degree qualification be discontinued with effect from July, D 2004. It, however, appears that the degrees obtained after 1.3.1995 upto 20.6.2007 have been recognized by the
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