Madras High Court
S.T.Chellappa vs The Director Of School Education on 22 October, 2021
Writ Appeal No.2544 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2021
CORAM :
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
Writ Appeal No.2544 of 2021
S.T.Chellappa ... Appellant
vs.
1. The Director of School Education,
DPI Campus, College Road,
Chennai 600 006.
2. The Chief Educational Officer,
Nagapattinam District,
Nagapattinam.
3. The Headmaster,
Government High School,
Vedharanyam Taluk,
Nagapattinam District. ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent against the order
dated 27.10.2017 passed by this Court in W.P.No.15013 of 2014.
For Appellant : Mr.A.Maheshnath
For Respondents : Mr.K.Tippu Sulthan,
Government Advocate
Page No.1 of 6
https://www.mhc.tn.gov.in/judis/
Writ Appeal No.2544 of 2021
JUDGMENT
(Judgment of the Court delivered by S.VAIDYANATHAN,J.)
Aggrieved by the order dated 27.10.2017 passed by the learned Single
Judge in W.P.No.15013 of 2014, the Writ Petitioner has come up with this
Writ Appeal.
2. The relief sought by the Writ Petitioner in the Writ Petition is for
a direction to the Respondents to sanction incentive increment in his favour
for acquiring qualification of M.A. (English) through Open University
System in May 2009, with effect from 29.12.2012.
3. It is the case of the Writ Petitioner that, he was initially qualified
with Diploma in Teacher Education and was appointed as Secondary Grade
Teacher in the Department of School Education. After entering into service,
he acquired Post Graduate degree of M.A. (English) through Open University
System in May 2009. It is further stated that, he completed B.A. Degree in
May 2009 itself.
4. Before the learned Single Judge, the learned Government
Advocate referred to G.O.Ms.No.118, School Education Department,
dated 10.07.2013, which states that, the Degree acquired through Open
https://www.mhc.tn.gov.in/judis/
Writ Appeal No.2544 of 2021
University System is not a valid degree. Learned Single Judge referred to the
Apex Court decision in the case of Annamalai University, represented by
its Registrar vs. Secretary to Government, Information and Tourism
Department, (2009) 4 SCC 590, wherein, it is held that, degree obtained
through Open University System without undergoing the regular pattern of
Education prescribed under the UGC Regulations, cannot be a valid degree.
In view of the same, the learned Single Judge declined the claim of the Writ
Petitioner and dismissed the Writ Petition.
5. It is the contention of the learned counsel for the Appellant/Writ
Petitioner that, as per Fundamental Rules, the Writ Petitioner is entitled to
incentive increment on completion of B.Ed. Degree with effect from
29.12.2012, prior to the date of G.O.Ms.No.118, dated 10.07.2013 on par
with other similarly placed persons and that, he cannot be denied incentive
increment by referring to G.O.Ms.No.118, dated 10.07.2013. He went on to
contend that, when all the Teachers who acquired higher qualification
through Open University System prior to G.O.Ms.No.118, dated 10.07.2013
have been granted incentive increment as per earlier Government Order vide
G.O.Ms.No.307, dated 15.12.2000 as amended in G.O.Ms.No.100, dated
https://www.mhc.tn.gov.in/judis/
Writ Appeal No.2544 of 2021
30.04.2007, the Writ Petitioner alone cannot be discriminated. For better
appreciation, relevant portion of G.O.Ms.No.307, dated 15.12.2000 is
extracted hereunder:
“ghh;it 6y; gof;fg;gl;l murhizapy;
jkpH;ehl;oYs;s gy;fiyfHf khd;a FGthy;
m';fPfhpf;fg;gl;l gy;fiyf; fHf';fshy; jpwe;jbtsp
gy;fiyf; fHf Kiw K:yk; tH';fg;gLk;
gl;lag;gog;g[ gl;lg;gog;g[ kw;Wk; KJepiyg; gl;lg;
gog;g[fis mg;gy;fiyf;fHf';fshy; Kiwahf
(Regular Stream) tH';fg;gLk; gl;lag;gog;g[ gl;lg;gog;g[
kw;Wk; KJepiy gl;lg;gog;g[ Mfpatw;wpw;F rkkhff;
fUjp bghJg; gzpfspd; ntiytha;g;gpw;F
m';fPfhuk; mspj;J muR MizaplL ; s;sJ/”
6. In the case on hand, the learned Single Judge, with reference to
the Apex Court decision cited supra, has rightly rejected the claim of the Writ
Petitioner that, degree obtained through Open University System, without
undergoing Regular Educational Scheme of 10+2+3+2, is invalid. The fact
that, the Writ Petitioner completed both B.A. and M.A. degrees in May 2009
only, cannot be lost sight of.
7. But, it has been contended by the learned counsel for the
Appellant/Writ Petitioner that, benefits already agreed upon, cannot be
withdrawn. We are not inclined to accept the said submission, as even in
https://www.mhc.tn.gov.in/judis/
Writ Appeal No.2544 of 2021
G.O.Ms.No.307, dated 15.12.2000, it has been categorically mentioned that,
the degree should be obtained in a regular stream and that, the Writ Petitioner
has not undergone Post-graduation in a regular stream. Hence, we find no
reasons to interfere with the order passed by the learned Single Judge.
In fine, the Writ Appeal stands dismissed. No costs.
[S.V.N.,J.] [R.V.,J.]
22.10.2021
Index : Yes/No
Speaking Order : Yes/No
(aeb/vm)
To:
1. The Director of School Education,
DPI Campus, College Road,
Chennai 600 006.
2. The Chief Educational Officer,
Nagapattinam District,
Nagapattinam.
3. The Headmaster,
Government High School,
Vedharanyam Taluk,
Nagapattinam District.
https://www.mhc.tn.gov.in/judis/
Writ Appeal No.2544 of 2021
S.VAIDYANATHAN,J.
AND
R.VIJAYAKUMAR,J.
(aeb)
Judgment in
W.A.No.2544 of 2021
22.10.2021
https://www.mhc.tn.gov.in/judis/
