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

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INFORMATION & TOURISM DEPARTMENT, reported in (2009) 4 SCC 590, the Supreme
Court has elaborately discussed the scope the UGC Act and the IGNOU Act. The Supreme Court
has held that the UGC Act and the IGNOU Act having been enacted by Parliament under Schedule
VII List-I Entry 66 and List Entry 25 of the Constitution, respectively, the question of repugnancy
between them would not arise and the provisions of the UGC Act would prevail over those of IGNOU
Act irrespective of the fact that IGNOU Act was a later enactment.
8. In the case of ANNAMALAI UNIVERSITY, the Appellant N.Ramesh held a Diploma in
Film Technology. He also had the requisite experience of five years as Head of Section. He, however,
had obtained M.A. Degree in Open University System in an examination held by the Annamalai
University. The next promotion from the post of Head of Section was to the post of Principal. Ramesh
was placed in additional charge of the post of Principal. That was challenged by one Gabriel before
the Tamil Nadu Administrative Tribunal. The Tribunal directed the State of Tamil Nadu to consider the
objections of Gabriel having regard to the qualification prescribed for the said post vis-à-vis those
possessed by Ramesh. The challenge to the qualification of Ramesh was on the ground that he did not
possess a basic graduation degree and thus the post graduation degree conferred on him by the
Annamalai University was invalid in law. At that stage, the State of Tamil Nadu appointed one
K.Loganathan, which was challenged by Ramesh before the Tribunal. The Application was dismissed
by the Tribunal. Ramesh challenged the Order of the Tribunal before the High Court of Tamil Nadu,
which had become infructuous, as after retirement of K.Loganathan, Ramesh was appointed as the
Principal. Gabriel challenged the said appointment of Ramesh by filing Writ Petition before the High
Court of Tamil Nadu. Ultimately, a Division Bench of the High Court held that Ramesh was not
eligible to be considered for the post of Principal, as the M.A. Degree obtained by him through Open
University System without there being a Bachelor’s Degree was not a valid one and the High Court
directed the State to take steps to fill up the post of Principal in accordance with law. Aggrieved by the
Order of the High Court, the Annamalai University as also Ramesh approached the Supreme Court.
The Supreme Court opined that the High Court of Tamil Nadu was correct in rendering its opinion on
the qualification of Ramesh.
9. In this regard, it is worthwhile to quote the following observations of the Supreme Court in the
said case from paragraphs 40 to 61:
Karnataka PSC
“40. The UGC Act was enacted by Parliament in exercise of its power under Entry 66 of
List 1 of the Seventh Schedule to the Constitution of India whereas the Open University