BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE K.RAJASEKAR W.A.(MD)No.1624 of 2021 AND C.M.P.(MD)No.7046 of 2021 Dr.I.Preetha ... Appellant / Writ petitioner Vs.

1. University Grants Commission, Rep. by its Secretary, Bahadur Shah Zafar Marg, New Delhi – 110 002.

2. The Manonmaniam Sundaranar University, Rep. by its Registrar, Abishekapatti, Tirunelveli – 627 012.

3. The Chairman, S.T.Hindu College, Nagercoil, Kanyakumari District – 629 002. ... Respondents / Respondents Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 25.06.2021 in W.P.(MD)No.6764 of 2021 on the file of this Court and allow the writ petition.

For Appellant : Mr.S.Xavier Rajini For R-2 : Ms.Jasima Yasmin, for M/s.Ajmal Associates.

For R-3 : No appearance.

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J U D G M E N T

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) The unsuccessful writ petitioner is the appellant before us. The writ petitioner after completing 12^th standard, joined B.A.(Tamil) degree course in Pioneer Kumaraswamy College, Nagercoil in the year June 1999. It is a three year course. Unfortunately, the writ petitioner could not obtain a pass in B.A. Degree at the end of the academic year 2001-02. Thereafter, she joined M.A.(Tamil) through distance education mode conducted by Annamalai University in June 2003 and the academic year ended in June 2003-04. The appellant could not get M.A.degree within two academic years. She was able to secure a pass in M.A. Degree only in December 2006. In the meanwhile, she obtained pass in B.A.(Tamil) degree by clearing the supplementary examination held in April 2006. Thereafter, she obtained M.Phil degree from the Manonmaniam Sundaranar University and also obtained PhD. from the very same University. She was appointed as Assistant Professor in Tamil in S.T.Hindu College, Nagercoil on 01.01.2017 in the Self Financing stream. The proposal for qualification approval was submitted to the University on 28.12.2020. The University declined to approve the writ petitioner's qualification vide proceedings dated 09.03.2021. The University took the stand that the writ petitioner had pursued her M.A.degree simultaneously while pursuing her B.A.degree. Challenging the said order, W.P.(MD)No.6764 of 2021 was filed. The learned single Judge dismissed the writ petition vide order dated 25.06.2021. Challenging the same, this writ appeal has been filed.

2. Heard both sides.

3. The impugned order is confined only to the question of parallel pursuit of B.A.degree as well as M.A.degree. But, the moot question that calls for consideration is whether the writ petitioner was entitled to join M.A.degree course without successfully completing the B.A.degree course.

4. The learned counsel for the writ petitioner / appellant drew our attention to University Grant 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. Clause 2(2) of the said Regulation reads as follows:-

“ No student shall be eligible for the award of the first degree unless he has successfully completed a three year course; this degree may be called the B.A./B.Sc./B.Com.(General Honours/Special) degree as the case may be.

Provided that no student shall be eligible to seek admission to the Master Course in these faculties, who has not successfully pursued the first Degree Course of three years duration.

Provided further that, a transistory measure where the universities are unable to change over to a three year degree course, they may award a B.A./B.Sc./B.Com.(Pass) degree on successful completion of two year course, but that no student of this stream shall be eligible for admission to the Master course unless he has undergone a further one year bridge course and passed the same. The three year degree cours