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"46.Entry 66 which deals with coordination and determination of standard in institutions for higher education or research and scientific and technical institutions is in the Union List and Parliament alone has the legislative competence to legislate on the said topic. The University Grants Commission Act has been made with reference to Entry 66 (see Prem Chand Jain v. R.K.Chhabra and Osmania University Teachers' Assn. v. State of A.P.). The Act has been enacted to ensure that there is coordination and determination of standards in universities, which are institutions of higher learning, by a body created by the Central Government. It is the duty and responsibility of the University Grants Commission, which is established by Section 4 of the UGC Act, to determine and coordinate the standard of teaching curriculum and also level of examination in various universities in the country. In order to achieve the aforesaid objectives, the role of UGC comes at the threshold. The course of study, its nature and volume, has to be ascertained and determined before the commencement of academic session. Proper standard of teaching cannot be achieved unless there are adequate infrastructural facilities in the campus like classrooms, libraries, laboratories, well-equipped teaching staff of requisite calibre and a proper student-teacher ratio. For this purpose, the Central Government has made a number of rules in exercise of powers conferred by Section 25 of the UGC Act and the Commission has also made regulations in exercise of power conferred by Section 26 of the UGC Act and to mention a few, the UGC Inspection of Universities Rules, 1960, the UGC Regulations, 1985 Regarding the Minimum Standards of Instructions for the Grant of the First Degree, UGC Regulations, 1991 Regarding Minimum Qualifications for Appointment of Teachers in Universities and Colleges, etc. UGC with the approval of the Central Government and exercising power under Section 22(3) of the UGC Act has issued a schedule of degrees which may be awarded by the universities. The impugned Act which enables a proposal on paper only to be notified as a university and thereby conferring the power upon such university under Section 22 of the UGC Act to confer degrees has the effect of completely stultifying the functioning of the University Grants Commission insofar as these universities are concerned. Such incorporation of a university makes it impossible for UGC to perform its duties and responsibilities of ensuring coordination and determination of standards. In the absence of any campus and other infrastructural facilities, UGC cannot take any measures whatsoever to ensure a proper syllabus, level of teaching, standard of examination and evaluation of academic achievement of the students or even to ensure that the students have undergone the course of study for the prescribed period before the degree is awarded to them.

14.2 The provisions contained in the Regulations make it clear that in order to be eligible for obtaining a Master Degree through the Open University System or otherwise, the student concerned must have successfully completed the first degree. Inevitably the first question is to be decided in the negative. The conferment of Master Degree on students who do not have the "first degree" is clearly contrary to the Regulations of the UGC.

15. Now to the second question. The UGC Regulations, 1985 have undergone modifications or amendments. As per Regulation-6, every University is required to furnish to the UGC information relating to the observance of the Regulations in the form prescribed for the purpose. As per the Regulations, incorporated by way of amendment, the UGC has the right to grant exemption or relaxation.

17.3 In the context in which such letter was issued it can only mean that the UGC was referring to the practice of having one sitting examination as distinct from the examinations at the end of every semester or every year. Such letter never purported to waive the basic provision contained in the Regulation 2 of the UGC Regulations that only a candidate having the first degree was eligible to pursue the M.A. degree through the Open University System.

18. From the above discussion of the relevant materials on record including the various correspondence, the inevitable conclusion is that the Master's degree offered by Annamalai University to the persons who had not obtained the basic degree or the first degree were in direct conflict with the specific Regulations of the UGC holding the field. The contention of the Annamalai University that there has been implied relaxation of the requirement of Regulation-2 (proviso) is not acceptable.

26.1 Similarly, the direction issued by the Government under G.O.Ms.No.216 dated 26.8.1997 must be understood in the context in which such order was issued. It can only mean that the degrees obtained through the Open University System are considered equivalent to a traditional degree obtained through regular system, provided that such degrees are in conformity with the relevant statutory provisions including Rules and Regulations holding the field. It can never be countenanced that the Government consciously intended to recognize a degree of M.A., through Open University System without the benefit of the foundation degree or the basic degree as equivalent to a recognized degree, even though the UGC Regulations never contemplated such a course . Since the UGC Regulations were in place, it cannot be assumed that the Government in fact intended to depart from the Regulations issued by the UGC which have the status of a subordinate legislation under a Central statute relatable to laying down of the norms and standards as contained in Entry 66 of the Union List. Therefore, recognition of a degree from the Open University System could be only on the anvil that such degree must be in accordance with the Regulations of the UGC and not in direct conflict with such Regulations. The expression in the Rules that, for the purpose of eligibility of a person to be appointed as a Principal, he must be in possession of a degree of a recognised University cannot be stretched to include "Master's degree" obtained from Annamalai University by appearing at one time examination without the benefit of a previous "first degree".