• Regular Course and Private Study

Sir,

I have applied for the post of GFC Teacher in VHSE through PSC. PSC has rejected my application on the ground that my M Com Degree is not acquired through regular course
I have acquired the M Com Degree through Private Registration and so to say i have attended a tutorial college for the purpose of learning. I have also obtained a certificate from the university that the private study and regular study is of the same duration and same syllabus
(Note 1. in the concerned order - Link: http://kstakerala.in/wp-content/uploads/downloads/2014/05/special_rules_vo1-vhse.pdf. No clarification on what private study/regular course is)

Contrary to this Higher Secondary Education Dept demands on B Ed through regualr course.
Link: http://www.education.kerala.gov.in/Downloads2011/KER/Chapter_32.pdf

UGC has issued notice that there must no such difference in the case of Open/Distance education learning and regular learning for the purpose of employment which may defeat the purpose of Open/Private/Distance eduaction - Link : http://www.rvvedu.in/downloads/UGC-NOTIFICATION-FOR-ODL-DEGREES.pdf

The Kerala High Court Order approving the same stand: https://indiankanoon.org/doc/1188521/

The Kerala High Court Order rejecting the stand: http://judis.nic.in/Judis_Kerala/list_new2.asp?FileName=501456

In this situation i may ask you if i can get a writ directing PSC to include me in the selection procedure.
Asked 7 years ago in Constitutional Law

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

2 Answers

1) you can file writ petition that you should be considered for post of GFC Teacher in VHSE through PSC.

2) rely upon UGC circular that there must be no difference in the case of Open/Distance education learning and regular learning for the purpose of employment as it may defeat the purpose of Open/Private/Distance eduaction

3) also rely upon judgment of kerala high court in this regard

Ajay Sethi
Advocate, Mumbai
95533 Answers
7656 Consultations

5.0 on 5.0

From the contents posted by you it apears you have a genuine cae to be represented.

But if all doors have been shut you may approach the court for its intervention and remedy.

You may file a writ petition agaisnt the authority for rejecting your case on the basis of documentary evidences in your possession.

You may get a solution if you file a writ before high court.

T Kalaiselvan
Advocate, Vellore
85734 Answers
2266 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer