SC: Ph.D from Open University Equivalent to Ph.D from Regular University

May 09, 2018

Case name: Abdul Motin v. Manishankar Maiti & Ors.

Date of Order: May 02, 2018

In the case, the respondent had challenged the acceptability of the Ph.D degree granted by the Netaji Subhas Open University as an essential academic qualification for the post of Principal. According to him the Petitioner who ranked second in the panel was an ineligible candidate as his Ph.D degree which he obtained from Netaji Subhas Open University, could not be accepted as a valid Ph.D degree by the Commission.

The High Court allowed the Petition filed by Dr. Maiti, and held inter alia that Ph.D degree obtained by Dr. Motin from Netaji Subhas Open University cannot be accepted as a valid Ph.D degree for the post of Principal and accordingly, a direction was given to recast the panel for the post of Principal.

Being aggrieved, Dr. Motin approached the Supreme Court and the issue taken up for consideration by the Apex Court was whether a Ph.D degree conferred by an Open university under the Netaji Subhash Open University Act, 1997, and a Ph.D degree conferred by a regular University ought to be treated differently for the purpose of appointment for the post of Principal/Lecturer/Reader etc., in the non-government colleges where such Ph.D degree is an essential qualification?

Bench’s Verdict

The Two-Judge Bench of the Supreme Court allowed the Appeal and made the following observations in the case:

While pronouncing the judgment, the Supreme Court heavily relied on its verdict in the case of Annamalai University vs. the Secretary to the Government, Information and Tourism Department & Ors.[1], wherein it was stated that:

The provisions of the UGC Act are binding on all universities whether conventional or open. Its powers are very broad. The Regulations framed by it in terms of clauses (e), (f), (g) and (h) of sub-section (1) of Section 26 are of wide amplitude. They apply equally to open universities as also to formal conventional universities.

Accordingly, the Degrees/Diplomas/ Certificates awarded for programmes conducted by the ODL institutions, recognized by DEC (erstwhile) and UGC, in conformity with UGC notification on specification of Degrees should be treated as equivalent to the corresponding awards of the Degree/Diploma/ Certificate of the traditional Universities/Institutions in the country.

In view of the aforesaid observation by Supreme Court in Annamalai University case, the Court held that  Ph.D degree issued by an Open University and another Ph.D degree issued by a formal conventional university must be treated at par having been so issued under the uniform standards prescribed by University Grants Commission Act.