1. Recruitment for Group-I services — Eligibility dispute — Post graduate degree obtained from open university without prior under graduate degree. (Para 3 , 4 )
Back
Next 
2023 Supreme(SC) 1773
SUPREME COURT OF INDIA
Hrishikesh Roy, Sanjay Karol, JJ.
P.Raman – Petitioner
Versus
The Government of Tamil Nadu & Ors. – Respondents
Special Leave Petition (Civil) Diary No.3959 of 2021
Decided On : 03-03-2023
Important Points
A post-graduate degree obtained from an Open University without first completing a basic undergraduate degree is not acceptable as a valid educational qualification for recruitment purposes.
Subject
Administrative Law - Public Service Recruitment
Headnote
(A) Tamil Nadu Public Service Commission Recruitment Notification - Qualification Requirement - The petitioner applied for Group-I services with a postgraduate degree from an open university without completing an undergraduate course. The High Court ruled that such qualifications are unacceptable, referencing N.Ramesh v. Sibi Madan Gabriel and Annamalai University v. Secretary to Government. (Paras 3-6)
(B) Educational Qualifications - The importance of obtaining a basic degree before a postgraduate qualification is underscored, emphasizing adherence to established educational standards for recruitment. (Para 6)
(C) Memorandum Interpretation - The petitioner’s reliance on a memorandum was rejected, affirming no entitlement was conferred. (Para 7)
Facts of the case:
The petitioner aspired for recruitment under a notification dated 15.12.2008 but lacked the requisite undergraduate degree.
Findings of Court:
The court upheld the High Court's decision, confirming the educational prerequisites must be met.
Issues: Whether a postgraduate degree from an open university, without an undergraduate course, satisfies the qualification requirements for recruitment.
Ratio Decidendi: The court concluded that compliance with the educational requirement is mandatory for candidacy, establishing that a postgraduate degree alone does not suffice without its foundational undergraduate counterpart.
Result: Special Leave Petitions dismissed.
(B) Educational Qualifications - The importance of obtaining a basic degree before a postgraduate qualification is underscored, emphasizing adherence to established educational standards for recruitment. (Para 6)
(C) Memorandum Interpretation - The petitioner’s reliance on a memorandum was rejected, affirming no entitlement was conferred. (Para 7)
Facts of the case:
The petitioner aspired for recruitment under a notification dated 15.12.2008 but lacked the requisite undergraduate degree.
Findings of Court:
The court upheld the High Court's decision, confirming the educational prerequisites must be met.
Issues: Whether a postgraduate degree from an open university, without an undergraduate course, satisfies the qualification requirements for recruitment.
Ratio Decidendi: The court concluded that compliance with the educational requirement is mandatory for candidacy, establishing that a postgraduate degree alone does not suffice without its foundational undergraduate counterpart.
Result: Special Leave Petitions dismissed.
Legal Category Hierarchy
Advocates:
Advocate Appeared:
For the Petitioner:Mr.Col.R.Balasubramaniam, Sr.Advocate, Mr.M.A.Chinnasamy, AOR, Mr.K.S.Gnanasambandan, Mr.P.Rajaram, Mr.C.Raghavendren, Mr.V.Senthil Kumar, Mrs.Sujatha
For the Respondent:Mr.P.Wilson, Sr.Advocate, Mr.Sabarish Subramanian, AOR, Mr.Vishnu Unnikrishnan, Mr.Apoorv Malhotra, Mr.P.Shankar
Advocate Appeared:
For the Petitioner:Mr.Col.R.Balasubramaniam, Sr.Advocate, Mr.M.A.Chinnasamy, AOR, Mr.K.S.Gnanasambandan, Mr.P.Rajaram, Mr.C.Raghavendren, Mr.V.Senthil Kumar, Mrs.Sujatha
For the Respondent:Mr.P.Wilson, Sr.Advocate, Mr.Sabarish Subramanian, AOR, Mr.Vishnu Unnikrishnan, Mr.Apoorv Malhotra, Mr.P.Shankar
Table of Contents
2. Validity of post graduate degree obtained from open university without basic graduation course — Reliance on administrative memorandum for eligibility. (Para 4 , 7 )
3. Post graduate degree is valid only if obtained after completing the basic degree course; administrative memoranda do not override this requirement for candidates lacking basic degrees. (Para 5 , 6 , 7 )
4. A post graduate degree obtained through an open university without undergoing the basic graduation course is not acceptable as the requisite qualification for recruitment. (Para 5 , 6 )
5. Special Leave Petitions dismissed; impugned judgment upheld. (Para 8 , 9 )
6. Is a post graduate degree from an open university sufficient for recruitment if the candidate has not completed a basic graduation course?
No, a post graduate degree obtained through an open university is considered valid only if the candidate has first undergone the basic degree course. (Para 5 , 6 )
7. Does an administrative memorandum confer eligibility on candidates who obtained post graduate qualifications without a basic degree?
Not necessarily; the court found that specific administrative memoranda may not confer benefits on candidates who obtained post graduate qualifications without undergoing the basic degree course. (Para 7 )
ORDER :
UPON hearing the counsel the Court made the following order:
1. Delay condoned.
2. Heard Mr.R.Balasubramaniam, learned senior counsel appearing for the petitioner. Also heard Mr.P.Wilson, learned senior counsel appearing for the respondents.
3. The petitioner was an aspirant and responded to the notice for direct recruitment issued on 15.12.2008 by the Tamil Nadu Public Service Commission. This was a process of recruitment to Group-I services category. The Notification contains details of essential educational qualification and so far as the petitioner is concerned he had obtained post graduate degree from the open university without however pursuing any under graduate course.
4. The issue to be considered is whether post graduate degree obtained from Open University without undergoing the basic graduation course is acceptable as the requisite qualification for offering candidature, in response to the notification dated 15.12.2008 of the Tamil Nadu Public Service Commission.
5. 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.
6. Adverting to the aforesaid ratio laid down by this Court, the High Court in the impugned decision 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.
7. On the above aspect, the petitioner is emphasizing on the memorandum dated 12.08.2009 (annexure P6) but we have examined the memorandum and find that the same would not confer any benefit on candidates such as petitioner, who had obtained post graduate qualification without undergoing the basic degree course.
8. In the aforesaid circumstances, we are of considered opinion that the impugned judgment does not suffer from any infirmity and accordingly the Special Leave Petitions stand dismissed.
9. Pending application(s), if any, shall stand disposed of.
