Madras High Court
A.Yashmin vs The Joint Director Of School Education on 11 December, 2023
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P(MD)No.21890 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.21890 of 2023
A.Yashmin ... Petitioner
Vs.
1. The Joint Director of School Education,
(Higher Secondary),
Directorate of School Education,
College Road, Chennai – 6.
2. The Chief Educational Officer,
O/o the Chief Educational Office,
Theni, Theni District.
3.The Head Master,
Government Higher Secondary School,
Devathanapatty,
Periyakulam Taluk,
Theni District ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the
Constitution of India, to issue writ of mandamus directing the
respondents to make necessary entry of the petitioner's Higher
Educational Qualification of Master of Philosophy (M.Phil.,) in the
Service Register (SR) and sanction incentive increment for the same
in terms of order passed by the Division Bench of this Court in
W.A(MD)No.1124 of 2023 dated 24.07.2023 and by considering the
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W.P(MD)No.21890 of 2023
petitioner's representation dated 07.08.2023 within the period that
may be stipulated by this Court.
For Petitioner : Mr.C.Venkatesh Kumar
for M/s.Ajmal Associates
For Respondents : Mr.V.Omprakash
Government Advocate
ORDER
The present Writ Petition has been filed by a P.G
Assistant (English) Teacher working in the 3rd respondent school
seeking issuance of writ of mandamus as against the educational
authorities for recording her higher qualification of M.Phil degree in
the petitioner's Service Register and to sanction incentive increment.
2. The petitioner has acquired her M.Phil decree from
the Madurai Kamarajar University in the year 2016. The petitioner
has sent a representation to the authorities on 07.08.2023 to the
Head Master of the concerned school requesting him to incorporate
the higher qualification in the Service Register. Since there was no
response, the present Writ Petition has been filed.
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3. The learned counsel for the petitioner relied upon the
judgment of this Court passed in W.P(MD)No.1124 of 2021 dated
24.07.2023 and contended that non-obtaining of prior permission to
undergo a course will not bar an employee from recording the said
qualification in the Service Register or getting any other benefits
arising out of the said higher qualification.
4. Per contra, the learned counsel for the respondents has
contended that though the petitioner has filed an application seeking
prior permission, before passing of orders in that application, the
petitioner joined the course and obtained M.Phil degree and
therefore, M.Phil decree cannot be recorded in the Service Register
or no benefits could be conferred on the basis on the said degree.
5. I have heard the submissions made on either side and
carefully perused the materials available on record.
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6. There is no dispute that the petitioner had passed
M.Phil degree before permission could be granted by the authorities.
Paragraph No.3 of the order dated 24.07.2023 passed in
W.P(MD)No.1124 of 2023 is extracted herein under:
“It is true that there are several Government Order which have
insisted the requirement of permission of the educational
authorities for a teacher to undergo higher education. It is to be
noted that the payment of incentive increment for acquiring
higher qualification is to encourage the teachers to acquire
higher qualification so that the quality of education will be
higher. It may be true that the teacher while in service will
have to obtain pro permission as per the Government Orders.
Further it is to be notes that acquiring higher qualification
while in service is not and it is only regulated. In such
circumstances, acquiring higher prohibited qualification while
in service without the permission is only an irregularity and
that will not entitle the respondents to reject the benefit to the
teachers”.
7. In view of the above judgment of the Hon'ble
Division Bench, any higher qualification acquired without any prior
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permission could be entered into the service records and
consequential incentive increment also could be granted . In view of
the order of the judgment of the Hon'ble Division Bench, the 3rd
respondent is directed to make entries in the service Register and
confer other attendant benefits upon the petitioner within a period of
12 weeks from the date of receipt of a coy of this order.
8. With the above directions, this Writ Petition is
disposed of. No costs. Consequently, connected miscellaneous
petition is closed.
11.12.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
CM
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To,
1. The Joint Director of School Education,
(Higher Secondary),
Directorate of School Education,
College Road, Chennai – 6.
2. The Chief Educational Officer,
O/o the Chief Educational Office,
Theni, Theni District.
3.The Head Master,
Government Higher Secondary School,
Devathanapatty,
Periyakulam Taluk,
Theni District
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR, J.
CM
11.12.2023
https://www.mhc.tn.gov.in/judis
