Open varsity degree can't be treated on par with regular one

Updated on: Friday, March 18, 2011

A degree secured under Open University (OU) system cannot be regarded as a degree obtained by undergoing regular course of study in a full time course or under the distance education system, the Madras High Court has said.

Academics in their wisdom, while considering the equivalence of such degrees, held that a degree obtained under the OU system, where the candidate did not have any formal school education, could not be regarded as equivalent to that of a degree obtained under the regular stream.

This decision by academics could not be reviewed by the High Court exercising jurisdiction under Article 226 of the Constitution, as the Supreme Court had time and again cautioned that in such academic matters, the court should be very slow to interfere as it would lack expertise on these subjects, the court said.

The First Bench, comprising Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam, made the observation while dismissing a public interest litigation petition by M. Venkatachalam, a Grade I Constable, seeking to quash a G.O. of the Tamil Nadu Personnel and Administrative Reforms Department dated August 18, 2009.

The petitioner said he had finished his Master's degree under the OU system.

There were several persons studying under the system. Most of them belonged to economically and socially weaker sections and had secured the degree with the hope that the qualification would be considered for promotion in service.

However, by virtue of the impugned G.O., the benefit which had been granted hitherto had been “arbitrarily denied.”

The order recognised “the degrees in diploma/degree/post-graduate degree obtained through Open Universities only after having passed secondary school examination (Standard X) and higher secondary school examination alone for appointment/promotion in public services.”

Open varsity degree can't be treated on par with regular one

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