Madras High Court rules clearly mention that for promotion, a person should possess a bachelor's degree of the University of Madras or a recognised university. They do not recognise B.A. or B.B.A degree from an open university obtained without having the basic Plus Two qualification, the First Bench, comprising Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam, has said.
It was passing orders on petitions by T.L. Muthukumar and four others who sought to quash a Government order of August 2009 and direct the High Court Registrar-General to consider them for promotion to the post of Assistant, Assistant Section Officer, etc based on their educational qualifications.
The petitioners said although they were entitled to be considered for promotion as per UGC regulations, they were denied promotion because of the G.O. of the Personnel and Administrative Reforms Department, which inter alia provided that those degrees issued by the Open University would be recognised and accepted for appointment and promotion provided the degree had been obtained after completing Plus Two examination.
All petitioners obtained B.A/B.B.A degrees through correspondence, but they had not completed Plus Two.
The Bench said the petitioners obtained the first degree by correspondence without the basic Plus-Two qualification; such degree having not been recognised under the High Court rules framed in exercise of powers conferred under Article 229 of the Constitution, the petitioners could not claim promotion on that basis.
