Madras High Court
S.Ismail vs The Joint Director Of School Education ... on 14 August, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.(MD)No.22526 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.08.2024
CORAM
THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.22526 of 2017
and
W.M.P.(MD)Nos.18823 & 18824 of 2017
S.Ismail : Petitioner
Vs.
1.The Joint Director of School Education (Vocational),
O/o. the Joint Director of School Education,
Chennai – 6.
2.The Director of School Education,
O/o. the Director of School Education,
DPI Complex,
College Road,
Chennai – 6.
3.The Chief Educational Officer,
O/o. the Chief Educational Officer,
Trichy – 8.
Trichy District.
4.The District Educational Officer,
O/o. District Educational Officer,
Trichy – 1,
Trichy District.
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1/8
W.P.(MD)No.22526 of 2017
5.The Correspondent,
Khajamian Higher Secondary School,
Khaja Nagar,
Trichy – 20.
6.The Head Master,
Khajamian Higher Secondary School,
Khaja Nagar,
Trichy – 20. : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned order passed by the first
respondent in his proceedings m.jp.K.vz;87280/yp1/,2/2016 dated
22.02.2017 and quash the same as illegal and consequently direct
the respondents to accord permission for having completed the
M.Phil course for the academic year 2013-2014 within the period
that may be stipulated by this Court.
For Petitioner : Mr.Mohammed Imran
for M/s.Ajmal Associates
For Respondents 1 to 4 : Mr.T.Amjad Khan
Government Advocate
ORDER
This Writ Petition has been filed challenging the order
dated 22.02.2017 passed by the first respondent rejecting the
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petitioner's request for grant of permission to pursue M.Phil., course
for the academic year 2013-2014. Since the petitioner has completed
M.Phil., course, the first respondent has passed the impugned order
stating that ratification is not permissible.
2.Counter affidavit has been filed by the respondents
reiterating the contents of the impugned order, by stating that since
the petitioner has completed the course without prior approval, the
question of granting approval at this stage is not permissible.
3.The issue that arises for consideration in this writ petition
is whether prior permission of the authorities is required for
undergoing higher education.
4.The issue is no more res integra in view of the various
decisions rendered by this Court holding that acquiring higher
qualification while in service without obtaining permission is only an
irregularity. In the instant case, admittedly, prior permission was
sought for by the petitioner to do M.Phil., course from the
respondents. However, the said request was not considered by the
respondents and thereafter the petitioner has also completed the
M.Phil., course.
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5.Learned Counsel for the petitioner also relied upon a
Government Order namely G.O.Ms.No.200 dated 19.04.1996
[Personnel and Administrative Reforms (A) Department] and would
submit that once a request is made seeking prior approval for doing
a higher education course and the said request has not been replied
within 15 days, it amounts to deemed approval. The relevant
paragraph of G.O.Ms.No.200 dated 19.04.1996 is extracted
hereunder:
“2.It has been suggested to the
Government further to relax the process of
obtaining prior permission from the Heads of
Department / Head of the office for undergoing
correspondence course / attending evening
colleges. The Government therefore, direct that
the application received from the Government
servants seeking prior permission for joining
correspondence course / evening college / private
study shall be disposed off by the Head of Office /
Heads of Department within fifteen days from the
date of receipt of application. If any clarification
or particulars are sought for from the Government
Servant, the said period of 15 days shall be
reckoned from the date of receipt of such
clarification or particulars. Where no order
(according such permission) has been issued
within the said period of 15 days, it shall be
deemed that the Head of the Department / Head
of the office has granted permission for joining
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correspondence course / evening college. Head of
Departments will be held responsible if any
ineligible person happens to avail of deemed
permission by default.”
6.Learned Counsel for the petitioner would submit that
along with the petitioner, six other persons had also applied for prior
approval and those six persons were granted approval and only the
petitioner's request was not considered by the respondents.
7.The petitioner has sought for approval only to do higher
education course, which is in the interest of the fifth respondent
school where he continues to work. The Division Bench of this Court
in the decision rendered in W.A.(MD)No.1124 of 2023 dated
24.07.2023, has categorically held that acquiring higher qualification
while in service without prior permission is only an irregularity and
the same can be acquired.
8.In the instant case, for no fault of the petitioner who had
applied for prior approval for joining higher education course
[M.Phil.,] he has been penalised by passing the impugned order
dated 22.02.2017, though he had applied for prior approval on
18.11.2013. The Government order namely G.O.Ms.No.200 dated
19.04.1996, produced by the learned Counsel for the petitioner also
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makes it clear that once a request is made seeking for approval to do
higher education course, if the said request is not considered within
15 days, it amounts to deemed approval. The Division Bench
judgment of the Madras High Court relied upon by the petitioner
referred to supra also supports the case of the petitioner.
9.Accordingly, the impugned order passed by the first
respondent is bad in law and it has to be set aside by this Court.
Accordingly, the impugned order dated 22.02.2017 is hereby
quashed and the writ petition is allowed by directing the respondents
to accord permission to the petitioner for having completed the
M.Phil., course for the academic year 2013-2014 within a period of
four [4] weeks from the date of receipt of a copy of this order.
10.Accordingly, this Writ Petition stands allowed. There
shall be no order as to costs. Consequently, connected miscellaneous
petitions are closed.
14.08.2024
Index :Yes / No
Internet : Yes / No
NCC : Yes/No
MR
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To
1.The Joint Director of School Education (Vocational),
O/o. the Joint Director of School Education,
Chennai – 6.
2.The Director of School Education,
O/o. the Director of School Education,
DPI Complex,
College Road,
Chennai – 6.
3.The Chief Educational Officer,
O/o. the Chief Educational Officer,
Trichy – 8.
Trichy District.
4.The District Educational Officer,
O/o. District Educational Officer,
Trichy – 1,
Trichy District.
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE, J.
MR
14.08.2024
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