Degrees obtained through Open University without formal schooling (10+2) are invalid for public service promotions, as reaffirmed by Supreme Court's Annamalai judgment.

JUDGMENT :

DR.G.JAYACHANDRAN, J.

1. It is a case, where the writ petitioners, who have acquired their degree through correspondence and open universities scheme without undergoing formal education of 10+2+3, were denied of further promotion in view of the Government Orders passed consequent to judgment rendered by the Hon'ble Supreme Court in Annamalai University vs. Secretary to Government [(2009) 4 SCC 590]

2.Prior to the above judgment and the consequential Government Orders, the pre-foundation course and foundation course offered by the Universities were considered as equivalent to 10^th standard and 12^th standard, respectively. When Madurai Kamarajar University sought for clarification regarding recognition of the one year foundation course of the open university, which is conducted by them, as equivalent to old II years S.S.L.C. Matriculation examination and two years foundation course as equivalent to pre-university course/+2 Higher Secondary examination for the purpose of employment in public service in the State of Tamil Nadu, the same was accepted by the Education Department and G.O.Ms.No.528, dated 18.05.1985 was issued. The relevant portion of the said Government Order is as below:

“The Registrar, Madurai Kamaraj University, Madurai in his letter first read above has requested the Government to recognise the first year Foundation Course of the Open University system conducted by the above University as equivalent to the old II Years S.S.L.C. Matriculation examination and the second year Foundation Course as equivalent to Pre-University Course/12 year Higher Secondary Examination for purpose of employment in public services in this State.

2. The above request was examined in consultation with the Registrar University of Madras, Director of School Education and Tamil Nadu Public Service Commission, Madras. The Syndicate of University of Madras, at its meeting held on 27th February, 1984, resolved that the Foundation Course of the Open University system of Madurai Kamaraj University be recognized as equivalent to a pass in the plus 2 of the 10 plus 2 pattern for the purpose of admission to the degree course of the University of Madras subject to usual condition.

The Board of Higher Secondary Education has considered that there should be no objection to recognise the Pe-Foundation Course examination which corresponds to the 10th Standard Public Examination conducted by the Director of Government Examinations as an entrance qualification for admission to the first year Higher Secondary Course, i.e., standard 11. As regards Foundation Course, the Board has resolved to recognise this course as equivalent to the Higher Secondary Course in view of the fact that the Madras University has already recognised the course as an entrance qualification for admission to the degree course. The Tamil Nadu Public Service Commission, Madras which was consulted in the matter has expressed a view, after taking into account the opinion of the University of Madras and Director of School Education, that a pass in the Foundation Course of the Madurai Kamaraj University- Open University be recognized as equivalent to a pass in the Higher Secondary Course of the Tamil Nadu Government. The Commission is also of the view that a pass in the Pre-Foundation Course of the Madurai Kamaraj University - Open University may be recognized as equivalent to a pass in the 10 years S.S.L.C. Public Examinations of Tamil Nadu Government for purpose of employment into Public Services in this S