C O M M O N J U D G M E N T

[Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.]

The Writ Appeals on hand have been instituted challenging the writ orders for grant of promotion to the post of Section Officers by validating M.A open University degrees granted by the University. The issue raised in these writ appeals is whether M.A degree obtained through open university without undergoing the regular pattern of education i.e., 10+2+3+2 is a valid degree or not for the purpose of public appointment/promotion.

2. The issues relating to the validity of the open University degree obtained without undergoing the regular pattern of education recognised by UGC is no more res integra. The Hon'ble Supreme Court of India in the context of UGC regulations held that such degrees granted by the Universities without undergoing the regular pattern of education are invalid. The State Governments across the Country have implemented the Supreme Court order by invalidating the open University degrees obtained from various Universities without undergoing the regular pattern of education or without completing the three years course for public employment.

3. Mr.R.Neelakandan, learned Additional Advocate General would submit that the panel was prepared for promotion to the post of Section Officers in Secretariat and various Departments except Law & Finance. The names of the eligible employees working in the cadre of Assistant Section Officers were considered. The panel was prepared in the year 2011. Even before that, the Hon'ble Supreme Court of India held that open University degrees are not valid for public employments. The Government of Tamil Nadu implemented the same by issuing G.O.(Ms).No.107, Personnel and Administrative Reforms (M) Department dated 18.08.2009. Thereafter, the open University M.A. degrees obtained from various universities without undergoing the regular pattern of education are not considered for public appointments across the State of Tamil Nadu in Government Departments and Government Undertakings. The Government issued further order in G.O.(Ms).No.116, Personnel and Administrative Reforms (M) Department dated 18.08.2010, which reads as follows:

4. The learned counsel for the respondent Mr.P.Sam Japa Singh would submit that in certain cases, Courts have considered that the open University degrees shall be considered for promotions. However, the said judgments are yet to be implemented. Therefore, we are bound to consider the judgments of the Hon'ble Supreme Court of India on the issue and those judgments, wherein the legal position settled by the Hon'ble Supreme Court of India are not considered cannot be followed as precedent.

5. In the present case, the undisputed facts are that the respondents are working in the cadre of Assistant Section Officers. The next avenue for promotion is Section Officer in the Secretariat. The qualification prescribed under Rule 9 of The Tamil Nadu State Service (Section 16) of Tamil Nadu General Service (Clause:XII) is, must have rendered service for a period of not less than 6 years in the category of Assistant Section Officer in the Department of Secretariat other than Law and Finance and must hold a degree of any university recognized by the U.G.C.

6. The Rule itself contemplates that the degree obtained by the employees must be recognized by the University Grants Commission and the same reads as follows:-

“3. Qualification:- No person shall be eligible for appointment to the category specified in column (1) of the Annexure, by the method specified in the corresponding entry in column (2), unless he possesses the qualifications specified in the corresponding entry in column (3) thereof.

4. .......................................................................................

Section Officers in Recruitment by transfer (i) Must hold a Bachelor's any Department from the Assistant Degree of any University other than Law and Section Officer in the Grants Commission for the Finance Tamil Nadu Sec