One-Year LLM Degree Approved By UGC Valid For Public University Appointments: Madras High Court
|Candidates who had scored fewer marks than petitioner were included in the list, which led her to file a petition challenging this discrepancy.
The Madras High Court ruled that one-year LLM (Master of Laws) degree, recognized by the University Grants Commission (UGC), does not disqualify anyone from being appointed to a post in a public department or university.
The case centered around petitioner’s application for the position of Assistant Professor in the Human Rights Department, for which she had applied following a Teachers Recruitment Board (TRB) notification.
In this case, petitioner had appeared for the written exam for the Assistant Professor role and had performed exceptionally, securing 133 out of 175 marks. She subsequently attended the interview as per the Board’s instructions. However, when the provisional list of selected candidates was released, her name was absent. Notably, candidates who had scored fewer marks than her were included in the list, which led her to file a petition challenging this discrepancy.
A Bench of Justice RN Manjula observed that the notification for the position did not specify that a two-year LLM degree was a mandatory requirement for the job. The Court said, “Even though the employer is a rightful person who should demand the educational requirement for a post to be filled up in this regard, the qualification contemplated by the employer shall not make any arbitrary discrimination between equivalent and similar course without any valid basis.”
The state's defense was based on the claim that her one-year LLM degree disqualified her, arguing that only candidates with a two-year LLM degree could be considered for the post.
However, the Court observed that this requirement was only mentioned in the state's counter-affidavit, not in the original job notification, which did not specify a two-year LLM degree as a prerequisite.
The Court also referenced a previous ruling in which it had accepted a one-year LLM as a valid qualification for admission to Ph.D. programs, which reinforced the argument that a one-year LLM degree should not be invalidated for appointment purposes. The Court said, “As stated already one year LLM Programme has been approved by UGC and that has been accepted as qualification to get enrolled in Ph.D. programme in Tamil Nadu Dr.Ambedkar Law University itself. It is needless to state that the University in which the petitioner had done her one year LLM course is one of the most reputed Law School in the country and it is needless to state that one year LLM course would have also included the research aspect as well. Under such circumstances, no invalidation can be attached to one year LLM degree for the purpose of getting appointment in the public departments or Universities.”
The Court directed the Teachers Recruitment Board to include her name in the selection list and issue her appointment order, recognizing her academic achievements and eligibility for the position.
Cause Title: Dr.Sangeetha Sriraam v. The Teachers Recruitment Board & Ors.
Appearance:
Petitioner: Advocate M. Nirmalkumar
Respondents: Additional Advocate General R. Neelakandan assisted by Advocates R. Siddharath, V. Umakanth, P. R. Gopinathan