GLIMPSE OF A LATEST VERDICT* *W.A. 821/2021* Inspector General of Registration Vs. G. Senthil Kumar Dated: 27.07.2021 *Hon’ble Justices Pushpa Satyanarayanan & Krishnan Ramasamy* allowed the Writ Appeal in the matter relating to *“Promotion – Degree from Open University not valid for promotion when the same is prescribed as a condition for promotion”* and further held the following:

*GLIMPSE OF A LATEST VERDICT*

*W.A. 821/2021*
Inspector General of Registration Vs. G. Senthil Kumar
Dated: 27.07.2021

*Hon’ble Justices Pushpa Satyanarayanan & Krishnan Ramasamy* allowed the Writ Appeal in the matter relating to *“Promotion – Degree from Open University not valid for promotion when the same is prescribed as a condition for promotion”* and further held the following:

i) Rule 2(b) of The Tamil Nadu Registration Subordinate Service Rules states that promotion to the post of Sub Registrar Grade-I shall be made on the grounds of merit and ability, seniority being considered only where merit and ability are approximately equal. Therefore, when the Tamil Nadu Registration Subordinate Service Rules prescribes merit and ability, the seniority alone will not confer any right to the petitioner, when otherwise educationally, he is not qualified.

ii) It is pertinent to note that the decision in Annamalai University V. Secretary to Government, Information and Tourism Development Department [(2009) 4 SCC 590] had already considered the question as to whether obtaining a Post Graduate degree through Open University System without obtaining the basic degree is valid or not. Here, when the Supreme Court has already held that the Post Graduate Degree obtained in the Open University System without a basic Under Graduate Degree cannot be considered either for appointment or promotion, rightly the name of the Writ petitioner was not included in the promotion panel.

iii) The merit and ability have to be considered for the purpose of promotion. While considering the eligible candidates, it is open to the authority to assess their performance and decide their ability. Further, the Hon’ble Court had extracted from Rupa Rani Rakshit V. Jharkhand Gramin Bank [(2010) 1 SCC 345] wherein seniority-cum-merit and merit-cum-seniority were distinguished.

iv) Applying G.O.Ms.No.107 and 116, which state that any Diploma/Degree and Post Graduate Degree in Open University System other than the regular / main system is not valid and therefore, the petitioner, who has got an M.A., degree without obtaining the Under Graduate from an Open University is not valid, therefore, the authorities had rightly rejected the stand of the Petitioner. For govt counsel Nelakandan argued