HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE N. RAVI SHANKAR WRIT PETITION NO. 25958 OF 2010 Between: The Government of Andhra Pradesh represented by its Principal Secretary, Secondary Education and three others ………….Petitioners AND P. N. Srinivasa Reddy, working as Senior Assistant, DVEO Office, Kurnool, Kurnool District and one another. ………….Respondents ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed in the nature of Writ of Certiorari calling for the records relating to and connected with the orders dated 23.9.2010 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in V.M.A.No. 1761 of 2010 in O.A.NO. 2387of 2010 and to quash the same as illegal. First respondent herein filed O.A seeking a direction to the respondents to consider his case for promotion/ appointment by transfer to the post of Librarian in intermediate Education without insisting the basic qualification of Bachelors degree in Arts, Science or Commerce and taking into consideration the higher qualification i.e., PG qualification in political science possessed by him. His grievance is that he is fully eligible for appointment to the post of Librarian in intermediate education by virtue of his seniority and qualifications. The Tribunal at the time of admission, granted interim direction directing the respondents to consider the case of the applicant for promotion/ appointment by transfer to the post of Librarian in Intermediate Education by taking the higher qualification i.e., Post Graduation in Arts (Political Science), which is higher than the required qualification of degree in Arts, by including the name of the applicant in the panel of candidates to be placed before the ensuing DPC. Aggrieved by the same, Government-petitioners herein filed VMA No. 1761/2010 stating that the applicant did not possess the qualification of Bachelor’s degree in Arts/Science/Commerce from any University recognised by the UGC and straight away obtained PG degree in political science and therefore, he is not eligible for consideration of his case. That VMA was dismissed with the following observation: “In the present case also, it is not the case of the respondents that the Madhurai Kamaraj University from which the application acquired PG degree in Political Science is not a recognised University. In fact, though the required qualification is Bachelor’s degree in Arts/Science/Commerce, the applicant possess higher qualification. More over. He fulfils the other qualifications having Master’s degree in Library Science. In these circumstances, following the above judgment of the High Court reported in 2003 (3) ALT 33 (DB), the VA filed by the respondents is liable to be dismissed and is accordingly dismissed. Therefore, the respondents are directed to implement the orders passed by this Tribunal and report compliance in four weeks, lest, to appear before this Tribunal.” Aggrieved by the same, the Government filed the present Writ Petition. The learned Government Pleader for Services-I submits that the Tribunal has not appreciated that possessing of higher qualification from Open University without a basic degree qualification is not a valid degree in the eye of law and cannot be taken into consideration. He also submits that the first respondent herein does not possess the required qualification and possessing higher qualification, which is not prescribed under the Rules does not make him eligible. He further submits that the University viz., Madhurai Kamaraj University is a recognized University but the Course P.G. degree in Political Science, which the applicant-first respondent acquired, is not approved by the University Grants Commission. He also relied on the judgment of the Supreme Court reported in ANNAMALAI UNIVERSITY, REPRESENTED BY ITS REGISTRAR VS. SECRETARY TO GOVERNMENT, INFORMATION AND TOURISM DEPARTMNT AND OTHERS[1] This Court while admitting the Writ Petition granted interim suspension of the orders dated 23.9.2010 passed in VMA No. 1761 of 2010 in O.A.No. 2387 of 2010. The Government also filed vacate stay petition, seeking to vacate the orders dated 20.10.2010 passed in WPMP No. 33148 of 2010. As seen from the record, the first respondent herein does not possess the required qualification prescribed for the post of Librarian in terms of G.O.Ms.No. 34, Higher Education (MC-2) Department, dated 24.3.2006. Under the said GO one must possess a Bachelor Degree in Arts, Science, or Commerce and a Post Graduate Degree in Library Science with first or second class with not less than 50% of marks form a University in India established or incorporated by or under a Central Act, State Act or a Provincial Act or an Institute recognized by the University Grants Commission or an equivalent qualification. The first respondent possesses the qualification of Post Graduation degree without having the qualification of Bachelors degree. The Supreme Court in ANNAMALAI UNIVERSITY, REPRESENTED BY ITS REGISTRAR VS. SECRETARY TO GOVERNMENT, INFORMATION AND TOURISM DEPARTMNT AND OTHERS (supra-1) as relied on by the learned Government Pleader, at paragraphs 11, 58 and 62 observed as under: “11. The Division Bench of the High Court by reason of the impugned judgment allowed the writ petition and disposed of the writ appeals pending before it holding that Ramesh was not eligible to be considered for the post of Principal as the MA degree obtained by him through OUS, without there being a first (Bachelor’s) degree, was not a valid one. Consequently, the State was directed to take steps to fill up the post of Principal in accordance with law. Aggrieved by and dissatisfied therewith, the University as also Ramesh are before us. 58. The only point which survives for our consideration is as to whether the purported post factor approval granted to the appellant University of programmes offered through distance modes is valid. DEC may be an authority under the Act, but its orders ordinarily would only have a prospective effect. It having accepted in its letter dated 5.5.2004 that the appellant University had no jurisdiction to confer such degrees, in our opinion, could not have validated an invalid act. The degrees become invalidated in terms of the provisions of the UGC Act. When mandatory requirements have been violated in terms of the provisions of one Act, an authority under another Act could not have validated the same and that too with a retrospective effect. 62. We, therefore, are of the opinion that the High Court is correct in rendering the opinion in the manner it did in its judgment.” In view of the facts and circumstances of the case possessing of higher qualification from Open University without a basic degree qualification cannot be considered as valid. In the instant case, the course taken by the first respondent viz., P.G. degree in Political Science is not approved by the University Grants Commission and hence, it cannot be presumed as valid degree. Therefore, following the judgment of the Supreme Court reported in ANNAMALAI UNIVERSITY, REPRESENTED BY ITS REGISTRAR VS. SECRETARY TO GOVERNMENT, INFORMATION AND TOURISM DEPARTMNT AND OTHERS (supra-1), the Writ Petition filed by the Government is allowed and the order dated 23.9.2010 passed by the Tribunal in VMA No. 1761 of 2010 in O.A.No. 2387 of 2010 is quashed. However, the Tribunal is directed to dispose of the O.A viz., O.A.No. 2387 of 2010 as expeditiously as possible, uninfluenced by any of the observations made herein. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J ______________________N. RAVI SHANKAR, J DATE: 13.12.2010 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies. [1] (2009) 4 SCC 590