The Madras High Court recently held that the one-year LL.M programme is approved by the University Grants Commission (UGC) and cannot be considered invalid for appointments to public departments or universities..Accordingly, the Court directed the Teachers Recruitment Board to include the name of a woman whose candidature was previously withheld solely because she had completed a one-year LL.M course.Justice RN Manjula noted that the recruitment notification did not specify that only a two-year LL.M degree would be accepted for the appointment. The Court further observed that while an employer has the right to set educational qualifications for a post, such criteria must not be arbitrary or discriminatory, especially when dealing with equivalent courses.“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 Court said..The petitioner informed the Court that she had applied for the post of Assistant Professor (Human Rights) in response to the notification issued by the Board. She stated that she appeared for the written examination, secured the highest marks — 133 out of 175 — and was subsequently called for the interview. Despite attending the interview, her name was missing from the provisional selection list, while candidates who had scored lower than her were included.The petitioner contended that even if the other candidates had scored full marks, her exclusion from the selection list was unjustified. She further submitted that when her interview score was combined with her written exam marks, her overall score surpassed that of the selected candidates..The State opposed the plea, arguing that the petitioner’s candidature was not considered because she had completed a one-year LL.M programme, whereas the qualification required for the post was a two-year LL.M degree..The Court observed that the requirement of a two-year LL.M was communicated to the petitioner only through the counter affidavit and not at any earlier stage. It further noted that according to the recruitment notification, the requirement for a Master’s degree was securing 55% marks or an equivalent grade on the point scale, wherever applicable, in the relevant/allied subject from an Indian university or an equivalent degree from an accredited foreign university. Noting that the petitioner had done her LL.M from National Law School of India University (NLSIU) Bangalore, 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." It thus directed the Board to include the petitioner’s name in the selection list and to issue her appointment order..Advocate M Nirmalkumar appeared for the petitioner.Additional Advocate General R Neelakandan along with Advocates R Siddharth, V Umakanth and PR Gopinathan appeared for the respondents..[Read Order]
