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Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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3. The case of the Applicant is that the M.A. Degree obtained by him as External Candidate<br />

from Mysore University is in no way inferior to the M.A. Degree obtained by regular candidates and,<br />

hence, the M.A. Degree obtained by him is also a Degree.<br />

4. On the other hand, the stand of the KPSC is that the M.A. Degree obtained by the Applicant<br />

without passing Bachelor’s Degree is not equivalent to the Bachelor’s Degree prescribed for the post<br />

under the relevant Rules. The Government has not notified the M.A. Degree obtained by the Applicant<br />

as equivalent to Bachelor’s Degree prescribed for the post. It is further contended on behalf of the<br />

KPSC that in the absence of a Notification or declaration by the Government as to equivalence of<br />

qualification, the M.A. Degree obtained by the Applicant without passing the Bachelor’s Degree<br />

cannot be said to be equivalent to the qualification prescribed for the post and, hence, the rejection of<br />

the candidature by the KPSC does not call for any interference.<br />

5. The short but interesting point that arises for consideration is “whether the M.A. Degree<br />

obtained by the Applicant without passing Bachelor’s Degree is equivalent to the Bachelor’s Degree<br />

prescribed for the post of First Division Assistant?”<br />

6. The Applicant passed SSLC in the year 1982. Thereafter, he completed Pre-University Course<br />

during 1984. He also completed Diploma in Journalism during 1992. Subsequently, in the year 1994-<br />

95 he appeared for the M.A. Examination through Correspondence Course from Mysore University<br />

and passed the same.<br />

Karnataka PSC<br />

7. Normally a student cannot enroll for a Master’s degree course unless he has a basic Bachelor’s<br />

degree in the chosen subject. The distinction between a formal system and an informal system is in the<br />

mode and manner in which education is imparted. The alternative system envisaged under the Open<br />

University Act was in substitution of the formal but not as regards the manner of ensuring the standard<br />

of education. The University Grants Commission Act (for short, ‘UGC Act’) was enacted for effectuating<br />

coordination and determination of standards in universities. The provisions of the UGC Act are<br />

binding on all Universities whether conventional or open. They apply equally to Open Universities as<br />

also to formal conventional Universities. In the matter of higher education, it is necessary to maintain<br />

minimum standards of instructions and such minimum standards are required to be defined by the<br />

UGC. The purport and object for which the UGC Act was enacted must be given full effect. Recently,<br />

in the case of ANNAMALAI UNIVERSITY v. SECRETARY TO GOVERNMENT,<br />

597

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