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A V Vishal (Advocate)     08 January 2010

STUDENTS ASPIRING LAW FROM OPEN UNIV/DISTANCE EDUCATION

The Andhra Pradesh High Court clarified that graduate degrees obtained through open universities and distance education mode are not recognised for admission into the three-year law degree course.

A division bench comprising Justice A. Gopal Reddy and Justice Samudrala Govindarajulu while upholding the explanation added to Rule 5 of Rules of Legal Education, 2008, and dismissed a batch of writ petitions filed seeking a direction to quash the explanation.
Mr B. Mallesham and nine others who had obtained bachelor degrees from open universities and distant education mode had approached the court after they were denied admission for not passing out through the regular mode.

The bench observed that admittedly, the task of maintaining legal standards was referred to an expert body like “Legal Education Committee” and the Committee after due deliberation with eminent personnel connected with the law course suggested standards to be maintained to meet global challenges.

The court said: “The students who obtained degrees through regular course are well equipped and their accent is different in information and resources once they practice law, whereas the students who obtained bachelor’s degree through Open University will not be equipped with rare degrees of qualities.” The court held that the curriculum, which was finalised by the Bar Council of India, cannot be termed as perverse or irrational to the object sought to be achieved nor can it be termed as arbitrary and illegal.



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 12 Replies

Rekha..... ( Practicing lawyer(B.Com LL.M in Business law ))     08 January 2010

In this case, In my opinion the admission should be given. Then what is importance of this kind of " Open Universities. This is absolutely unfair to the degreeholders who had taken degrees from open Universties. Not a good judgement....Discouragement of getting education...? strange, according to me 

1 Like

Rajiv Chauhan (Advocate) (Advocate (Shimla) 7833999000)     08 January 2010

https://www.barcouncilofindia.org/legal-education/queries.php

1 Like

Reshma K (Advocate)     08 January 2010

I think the judgment does not take into issues comprehensively. It is unfair to deny admission for distance education students. Rather the court should have directed the universties to improve the quality of distance education may through weekend classes, online, video mode etc. The court has conveniently washed its hands off such concerns and straight away denied admission. It is true that the quality of legal education has to be maintained. But the approach should be different.

1 Like

N.K.Assumi (Advocate)     09 January 2010

Judging from the prevailing legal education imparted in law colleges there is no difference between open universities or those online education as rightly pointed out by Venkatesh S, in attendance matters etc, and on that line of reasoning the Honb'le High Court Judgement is not proper. Firstly, the UGC and the BCI should do something to closed down those Colleges falling below the norms and standard lay down by the BCI and to take steps to improve the standard of legal education in the country and there should be strict surveliance over all those colleges, if it cannot do that there should be no bar for enrollment as an advocate with law degree from open universities or online education.

1 Like

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     09 January 2010

 it is better to go for appeal 

Isaac Gabriel (Advocate)     09 January 2010

If at all the open university degrees are not eligible to prosecute higher studies, the logic behind the education by openuniversity is absurd.Those who studied through open university should not be punished, rather the institutions alone should be taken into task, which inderctly holds the universities and authorities responsible  for this.Of couse, now the education through open university has been dispensed with,,the degrees conferred  so far should be validated through special ordinance if need be to alleviate the sufferings of those who worked hard to qalify themselves.

1 Like

Rajiv Chauhan (Advocate) (Advocate (Shimla) 7833999000)     14 January 2010

 

New Delhi: Postgraduate degrees awarded by open universities under the distance education programme to students who did not have the basic three-year degree could not be treated on a par with PG degrees obtained after regular study from a recognised university, the Supreme Court held on Wednesday.

A Bench consisting of Justices S.B. Sinha and Mukundakam Sharma upheld a Madras High Court judgment invalidating Annamalai University PG degrees conferred on distance education students under the ‘Open University’.

The Bench rejected the university’s submission that the judgment would have far-reaching ramifications as such courses were offered not only by it but also other universities. From 1991-1992 to 2003-2004, over 2.5 lakh students who obtained such degrees were appointed to various posts and they would suffer irreparable injury.

The Bench said the provisions of the University Grants Commission Act “are binding on all universities, whether conventional or open. Its powers are very broad. They apply equally to open universities as also to formal conventional universities. ”

On post facto approval granted to the appellant-university by the Distance Education Council, the Bench said: “The DEC may be an authority under the Act, but its orders would ordinarily have only a prospective effect… The degrees become invalidated in terms of the provisions of the UGC Act. When mandatory requirements have been violated in terms of the provisions of one Act, an authority under another Act could not have validated the same and that too with retrospective effect. The provisions of the UGC Act are not in conflict with the provisions of the Open University Act. It is beyond any cavil of doubt that UGC Act shall prevail over Open University Act.”

The Bench said: “If mandatory provisions of the statute have not been complied with, the law will take its course. The consequences will ensue. Relaxation, in our opinion, furthermore cannot be granted in regard to the basic things necessary for conferment of a degree. When a mandatory provision of a statute has not been complied with by an administrative authority, it would be void. Such a void order cannot be validated by inaction.”

In the instant case, N. Ramesh, one of the appellants, and Sibi Madan Gabriel were candidates for principal in the Film and Television Institute of Tamil Nadu. When Mr. Ramesh was sought to be appointed, Mr. Gabriel raised an objection, contending that his PG degree obtained through Open University from Annamalai University was invalid. When the matter reached the Madras High Court from the State Administrative Tribunal, it held that Mr. Ramesh was not eligible to be considered for principal.

While upholding the February 4, 2008 judgment and dismissing the appeals, the Bench said “Our judgment would not affect the service of appellant Ramesh.”

The ruling by Supreme Court is 100% perfect as it's customary for any student to get a PG degree only after graduation and not after 10+2. But, unfortunately some of the substandard universities like Annamalai and others are offering this scheme which is really not acceptable. Please note here that only such degrees are not treated on par with regular degrees and not correspondence PG degrees obtained after a recognized bachelor's degree. So, don't mistake that all correspondence PG degrees are not treated on par with regular degrees. If you talk of correspondence courses in general sense, even AMIE, CA, ICWA, etc are also correspondence courses, but have high recognition both domestic and globally. Same is the case with DOEACC courses, which has wide recongnition. However, a word of caution!  Even for DOEACC courses, my suggestion is to complete graduation and then go for DOEACC "B" level, which is equivalent to MCA degree. MCA is obtained only after graduation and not after 10+2 and same thing applies for DOEACC "B" level. So, don't complain if companies are rejecting DOEACC "B" level candidates without a bachelor's degree. If you want to gain full benefit of DOEACC courses, it's better you have a bachelor's degree or simultaneously puruse a bachelor's degree along with "A" or "B" level. ..

Information taken from a web site.

regards,

rajiv chauhan (Advocate)

1 Like

harsha (executive)     17 October 2010

Hi Friends,

My Self arpitha from Hyderabad, i  have done my SSC in 1996 and my inter in 2000 from NOS( National open School) Delhi I obtained 42%, presently, I am working for an investigation company, i want to pursue LLB I am planning to do my graduation from Distance education , after completing  my graduation am I eligible for LLB admission

Please advise me

Regards

Arpitha

iwish_hyd@gmail.com

Kadali RK Rao (Asst. General Manager (Personnel))     10 April 2012

HI Friends,

The contents of Notification (44) dated 01-03-1995  issued  by  Deputy Educational Adviser(T) & Secretary, Board of Assessment For Educational Qualifications, Deptt. of Higher Education, MHRD, GOI (https://education.nic.in/dl/Notification44.pdf), are reproduced below for information :

“On the recommendation of the Board of Assessment for Educational Qualifications, the Government of India has decided that all the qualifications awarded through Distance Education by the Universities established by an Act of Parliament or State  Legislature, Institutions Deemed to be Universities under Section 3 of the UGC Act, 1956 and Institutions of  National Importance declared under an Act of Parliament stand automatically recognized for the purpose of employment to posts and services under the Central Government, provided it has been approved by Distance Education Council, Indira Gandhi National Open University, K 76, Hauz Khas, New Delhi–110016 and wherever necessary by All India Council for Technical Education, I.G. Sports Complex, I.P. Estate, New Delhi-110002.”

 

Whether the above Notifn was brought to the Hon'ble High Court of AP before their decion, was doubtful.

Is there any decided case law later on? Many favourable judgments are delivered in Kerala High Court, Which are seen in web site.

kadalirao@gmail.com


Attached File : 522310957 mhrd de notfn 44 all 01-03-95.pdf downloaded: 128 times

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