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This is an archive article published on February 16, 2011

Correspondence Degree holders can’t claim promotion

The Madras HC has said a candidate after obtaining a degree from an Open University cannot claim promotion,as a matter of right.

The Madras High Court has said a candidate after obtaining a degree from an Open University without completing 12 years schooling cannot claim,as a matter of right,promotion to a higher post in office.

The court dismissed a writ petition filed by five persons,working in the High Court as office assistants and record clerks,seeking a direction to the Registrar General to consider them for promotion on the basis of educational qualification.

“The qualification prescribed under the High Court Rules framed under Art 229 of the Constitution,specifically provides that for promotion to certain posts,including Assistants,a candidate must hold BA,BSc/BCom or BA(Hons)/ BSc (Hons)/BCom (Hons) degree of the Madras University or equivalent thereof of a recognised University,” a bench,comprising Chief Justice M Y Eqbal and Justice T S Sivagnanam,said.

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The petitioners prayed for quashing a Government Order,issued by Personnel and Administrative Reforms Department,on August 18,2009. They also sought a direction to Registrar General,High Court,to consider them for promotion to the post of Assistant Section Officer,on the basis of educational qualifications obtained by them.

The government order inter alia provides that degrees issued by the Open University shall only be recognised and accepted for appointment and promotion in public service provided they have been obtained after completing +2 (Higher Secondary) Examination.

According to the petitioners,although they are entitled to be considered for promotion as per UGC Regulations,they have been denied promotion because of the government order.

The Tamil Nadu government had passed the order after the Supreme Court verdict in the Annamalai University case.

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All of them joined the service as Office Assistant,except one who joined as Record Clerk,and they had obtained BA/BBA degree through correspondence but they had not completed plus two.

The bench said since such degrees have not been recognised under the rules framed by the High Court,petitioners cannot claim promotion on that basis. “We do not find any merit in the writ petition,” the court said,dismissing the petition.

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