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Shree.


Advocate.
[ Scorecard : 5312]
Posted On 08 August 2009 at 19:59 Report Abuse

Dear All,

Court holds M.A. without foundation degree invalid:
CHENNAI: A Master’s degree, obtained through the open university system, without a foundation degree, or the basic degree equivalent to a recognised degree, is invalid, the Madras High Court has ruled.
Such a degree is not valid for any purpose, including employment, it said.
A Division Bench of Justice P.K. Misra and Justice K.K. Sasidharan, passing orders on two writ appeals and a writ petition, said University Grants Commission (UGC) Regulations had made it clear that “no person is eligible to appear for the M.A. examination of the open university, unless such person had obtained the first degree.”
It further said: “There is no doubt that UGC regulations do not contemplate conferment of a Master’s degree through the open university system unless a person has got the first degree either as a formal student or under non-formal/distance education system. It is, thus, apparent that conferment of Master’s degree through the non-formal system or the open university system is contemplated only when the student desirous of taking such a degree has already obtained the first degree, namely, the graduation degree.”
Referring to the first proviso to Regulation 2(2), the Bench said unless a candidate successfully completed the first degree course of three-year duration, he could not be eligible for admission to the Master’s course. If a candidate had obtained any Master’s degree, such a degree could not be termed valid for any purpose, including employment.
“Various correspondence also indicate that even the persons, who had obtained the first degree by not completing the three-year degree course after Plus-Two, were required to undergo a bridge course for one year before becoming eligible for being … a candidate for M.A. examination of the open university system…There is not even a single correspondence on record to indicate that indirectly the UGC had ever approved allowing persons to appear for M.A. examination, though such persons had not obtained the first degree,” it said.
The matter relates to a writ petition filed against the appointment of N. Ramesh as principal of Film and Television Institute of Tamil Nadu. The appointment was challenged on the ground that he had obtained M.A. from AnnamalaiUniversity without any preceding formal education. The State Government, in its counter-affidavit, contended that as per an August 1997 order, a degree obtained through the open university was equivalent to the degree obtained in the regular stream for employment in a government department.
The UGC, which was impleaded as respondent as per the directions of the Supreme Court, said as per the UGC (Minimum Standards of Instructions for the grant of First Degree Through Non-formal/Distance Education in the Faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences) Regulations 1985, no student who had not successfully pursued the first degree course of three-year duration was eligible to seek admission to the Master’s course.
The Bench said Mr. Ramesh was not eligible to be considered for the post, as the M.A. degree obtained by him through the open university system without a first degree was not valid
Can Anyone provide the Judgement of above matter decided by Hon’ble Madras High Court.


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Ramachandran


Vedic Scholar
[ Scorecard : 155]
Posted On 21 August 2009 at 06:53 Report Abuse

There are around 2000 Advocates in the court and also in Supreme court who got their Post Graduate degree through open University and studied law and practising as advocates.
if yo go further there may be judges too who might have retired by now!
There are more than 10,000 officers holding these degrees and occupying the seats.
 
As per Government  of Tamil nadu order of Recognition
Letter No 94873/H1/91-1 Education (HI) Department dated 17th Dec 1991 quotes that since the Annamalai University is recognised by the UGC and hence the degrees awarded by the university is automatically recognised by the Government.
 
Again   in its letter No 11698 /R/91-1 dated 29th Feb 1997, the same Education Department confirmed that the Post Graduate degrees awarded by the Anamalai University under open University system is recognised.
 
Based on this Annamalai University offered various Open University, there were millions of people admitted and appeared for the exam. And most of the bank staffs also got through.
 
Now my question is when this Government of Tamil Nadu recognised this P.G., how the UGC can disqualify the PG offered under open university is UN valid?  
Does the Government and the Annamalai University had any under table understanding?
 
Now what is the future of these students who wasted two years with money? Now they are on streets.
 
The supreme court should first analyse the side effects and  tell the students a remedy  who had completed the PG under open University.
 
Will the Chief Justice and Education Department come forward?
 
Regards
Ramachandran



Ramachandran


Vedic Scholar
[ Scorecard : 155]
Posted On 21 August 2009 at 08:55 Report Abuse

 

I am state here , As per Government of Tamil Nadu Order 216 dtd 26th Aug 1997 the Government has announced a pay rise to the teachers based on the PG degree awarded through Open University, which was signed by the then governor.

Again in  order No 307 dated 16th Dec 2000  and order No 180 dated 11th Sep 2000  the Government of Tamil nadu Recognised the P.G.Degrees  awarded by Annamalai University.

 

It didn't mention anywhere that  it is to be approved by the UGC.

 

It is for the Officials concerned with Education Dept., to get the approval from the UGC.

The Students who studied based on the government recognitions  made fools and punished for the crime that they never committed, both by the Government and UGC.

 

Not only Tamil Nadu  but Mysore university also offered PG degree through Open University Letter No 107271/C2/91-6 dated 27th Sep 1993 states this.

 

Will any advocate  come forward and take this as PIL?



Ramachandran


Vedic Scholar
[ Scorecard : 155]
Posted On 21 August 2009 at 09:10 Report Abuse

Now the question If the UGC has passed an order in 1985 that an order of non recognation of  PG degree awarded through Open University, why the Tmil nadu Government Passed the orders and simultaniously approved by the Governor of Tamil Nad?

It took more than 23 years  for an order. Why the UGC didn't object the orders signed by the then Governor? Or the Governor was unaware of such an order ? what the Secretary an IAS officer did on the order? As a Chancellor of the Universities is it not the duty of the UGC to keep the office of the governor informed on the policies it corrects and up dates every now and then?

My head is spinning



Than


123
[ Scorecard : 26]
Posted On 27 August 2009 at 14:17 Report Abuse

Recently the Tamil Nadu Govt Personal Dept  announced anyone got the ug degree with out 10+2 is not elgible for Govt Employment and Promotions.

The above open univsity system (non formal non 10+2) ug degree is Elgible for govt appointments and eqaul to Regular Degree as per Ugc Regulaationr.

why Govt  rejects the degree?

Please Look this matter at Any Advocates.

thank You



Ramachandran


Vedic Scholar
[ Scorecard : 155]
Posted On 10 September 2009 at 15:29 Report Abuse

Now the question If the UGC has passed an order in 1985 that an order of non recognation of  PG degree awarded through Open University, why the Tmil nadu Government Passed the orders and simultaniously approved by the Governor of Tamil Nad?

As per Government of Tamil Nadu Order 216 dtd 26th Aug 1997 the Government has announced a pay rise to the teachers based on the PG degree awarded through Open University, which was signed by the then governor.

Again in  order No 307 dated 16th Dec 2000  and order No 180 dated 11th Sep 2000  the Government of Tamil nadu Recognised the P.G.Degrees  awarded by Annamalai University.

So, the UGC EVEN THOUGH passed an order of non recognation of open university P.G IN 1985 THE GOVERNOR, THE CHANCELLOR of the Universities, approved the P.G. IN 2000  AFTER 15 YEARS! Now, who has the power either the Governor or the U.G.C ? 

Is it not a crime by the then Governor who over rulled the U.G.C. order and kept all the students,in dark , allowed the Annamalai University to swindle money from the students?

There are around 10,000 students enrolled for open university degree paid an average fee of Rs25,000 per year per student, makes 250000000 per annum multiplied by 22 years till 2007.  520,00,00,000

so 520 crores ws earned by the university after 1985 and all the IAS officers for 22 years kept their eyes, ears and mouth shut. Even the UGC didn't objected it till 2007.

So the law is only for a common man and nor a con man!

All the lawers should point out this to the Honourable  Chief judge of Supeme Court and explain this.

As otherwise the lawers may also loose their degree, and the cases they appeared and won will be stayed and a fresh appeal need to be filed.                 



Ramachandran


Vedic Scholar
[ Scorecard : 155]
Posted On 11 September 2009 at 07:24 Report Abuse

Now I am having few doubts on this open university PGs

Who took steps and when was it introduced? what made them to offer a PG without an UG?

During 1985 what made thr UGC to cancel  that offer?

So if a person passesd till 1984 is recognised and after that what kind of malpractises where detected by the UGC?

When in 1985 it with drawn the OU whther it thought of the students who already admitted and any other alternate arragements were made?

Why the then Governors, the Chacellors were not asked to take steps to stay the addmissions for OU PGs ?

Whether the H.R. Ministry is aware of these actions, what was it role in this matter?

 



Ramachandran


Vedic Scholar
[ Scorecard : 155]
Posted On 24 October 2009 at 10:26 Report Abuse

This day, Oct 24th 2009,  I raed a news that A police Consatble who compleated his M.A. through Open University,( Annamalai) and M.Phil, got his doctorate from Madurai Kamaraj University.(http://timesofindia.indiatimes.com/city/chennai/A-police-constable-awarded-doctorate/articleshow/5154710.cms) Times of India Chennai edition.

Will any one answer how he got that after S.C ruled out  the validity of Masters obtained through Open University?

 



Ramachandran


Vedic Scholar
[ Scorecard : 155]
Posted On 26 December 2009 at 22:38 Report Abuse

Originally posted by :Ramachandran
"   "

This day, in Kumudha Reporter, from Chennai Tamil Nadu,  A Twice in a week journal Dtd 31-12-2009, Page Nos20 and 21, authored by one Mr.Tirumalai states that One Lawer Mr.Muthu Kumar, has filed a RTI information asking for details how many open University degree holders got appointed as PP, APP and Judges, Magistrates etc., Now the next question arised since they are unqualified since 1985, at the time of U.G.C declared that Open University Degrees are not valid what will happen to the cases they attened and represented? Will the cases they one will count and again  come for hearing? If they won the cases will be declared as void and the cases lost will the looser say, since the advocate dheated me my case failed and the advocate and court should compansate me?

According to Mr.Muthu Kumar, he says more Registerors, Sub registerors and Top Police officials are also likly to loose the desination and they asked to repsy the salary they drawn in excess and they will be de promoted!

Who will come for the rescue.

I am sure Mysure University and karnataka Bar council and other Bar council in India may also face this shock.

Who will advice how to proced with this problem?



vivekananadan


bluevial2003@yahoo.com
[ Scorecard : 32]
Posted On 22 February 2011 at 19:58 Report Abuse

My friend is an openuniversity M.A and then m.phil , he got admission in 2008 to 3 yars llb in andhra, he has already passed all the 5 semesters, he is now in the final semester, please tell me whether he can obtain his llb degree from the university after passing final semester in may 2011. whether university can refrain from giving llb degree.





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