Madras High Court
T.Vasuki vs The Chief Educational Officer on 25 October, 2024
Author: J.Sathya Narayana Prasad
Bench: J.Sathya Narayana Prasad
W.P(MD)No.22955 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.10.2024
CORAM
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P(MD)No.22955 of 2022
and
W.M.P(MD)No.17055 of 2022
T.Vasuki ... Petitioner
Vs.
1.The Chief Educational Officer,
Theni District.
2.The District Educational Officer,
Periyakulam, Theni District.
3.The Regional Accounts Officer,
School Education Department,
Madurai-625 002.
4.The Headmaster,
Government Higher Secondary School,
Jeyamangalam,
Theni District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned orders of the fourth respondent in Na.Ka.No.
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1/11
W.P(MD)No.22955 of 2022
261/2020, dated 19.05.2020 served on 23.09.2022, quash the same and
consequently forbearing the respondents herein from making any recovery
without following the guidelines issued by the Hon'ble Supreme Court in
C.A.No.11527 of 2014 SLP(C)No.11684 of 2012, dated 18.12.2014 as well as
G.O(Ms)No.286, dated 28.08.2018 and pass such further or other orders as this
Court.
For Petitioner : Mr.K.Appadurai
For Respondents : Mr.M.Senthil Ayyanar
Government Advocate
ORDER
This writ petition has been filed to quash the order, dated 23.09.2022
passed by the fourth respondent and consequently forbearing the respondents
herein from making any recovery without following the guidelines issued by
the Hon'ble Supreme Court in C.A.No.11527 of 2014 SLP(C)No.11684 of
2012, dated 18.12.2014 as well as G.O(Ms)No.286, dated 28.08.2018.
2. The case of the petitioner is that she was working in the fourth
respondent School as B.T (Science) and she joined the said post in the fourth
respondent School on 17.12.2012. She is qualified in M.Phil., degree and
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completed the same in Vinayaka Missions University, Salem in the year
2008-2009.
3. The said University is approved by the UGC and Institution deemed to
be Universities under Section 3 of the UGC Act, 1956. The Government of
India through Ministry of Human Resource Development [Department of
Education] published a notification (44), dated 01.03.1995 in the Gazette of
India in Part-I Section-1 as follows:
“On the recommendation of the Board of Assessment for
Educational Qualifications, the Government of India has decided
that all the qualifications awarded through Distance Education by
the Universities established by an Act of Parliament or State
Legislature, Institutions Deemed to be Universities under Section 3
of the UGC Act, 1956 and Institutions of National Importance
declared under an Act of Parliament stand automatically recognised
for the purpose of employment to posts and services under the
Central Government, provided it has been approved by Distance
Education Council, Indira Gandhi National Open University, K 76,
Hauz Khas, New Delhi 110 016 and wherever necessary by All
India Council for Technical Education, I.G. Sports Complex, I.P.
Estate, New Delhi-110 002.”
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4. Pursuant to the above Gazette notifications, Vinayaka Missions
University, India conducted Distance Education Council vide approval
No.DEC/VMRF/07/255, dated 28.02.2007, issuing publication referring the
above notification issued by the Government of India through Ministry of
Human Resource Development [Department of Education], thereby declaring
that Vinayaka Missions University degree / diploma / certificates are eligible
for higher studies, public and private sector employment and service
promotions. In the year 2010, the School Education Department has also
sanctioned grant of incentive increment to a candidate for acquiring higher
qualification of M.Phil., degree from Vinayaka deemed University, Salem and
directed the Headmaster of the Government Higher Secondary School,
Kamayagoundenpatti, Theni District in O.Mu.No.B2/7518/2010, dated
02.12.2020 observing that the said University has obtained approval for five
years from 28.02.2007 to 27.02.2012 and prior to that, the Joint Director of
Collegiate Education has also furnished information in his reply Na.Ka.No.
39225/J4/2009, dated 07.12.2009 that Salem Vinayaka Mission Open
University being recognized by the UGC, New Delhi, all the courses offered by
them are eligible for public employment. Thereafter, Vinayaka Mission also
issued a public notice in reference No.VMRF/DDE/GEN/451, dated
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20.09.2021 that all the approved programs through distance education are
eligible and stand automatically recognized for employment. Thereafter, the
Government also issued G.O(Ms)No.39 PR & A.R(S) Department, dated
30.04.2014, making amendments to the Tamil Nadu State and Subordinate
Services, General Rules in Rule-19 showing eligible Universities to get
incentive increment for offering higher education. In the schedule thereto,
Vinayaka Mission's Reserach Foundation, Salem-636 308 [deemed University]
is shown as Sl.No.523.
5. The learned Counsel appearing for the petitioner would submit that the
fourth respondent herein issued impugned order in Na.Ka.No.261/2020, dated
19.05.2020 and served on the petitioner on 23.09.2022 for recovery of
incentive increment of Rs.54,856/- granted to her from the date of joining on
07.12.2012 for acquiring higher qualification of M.Phil in the Vinayaka
Mission University, Salem during 2008-2009. The said impugned order of
recovery has been issued without any show cause notice to the petitioner or
providing reasonable opportunity to submit her explanation.
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6. The learned Counsel appearing for the petitioner relied on the
judgment of the Hon'ble Division Bench of this Court in a batch of writ appeals
in W.A.Nos.2328 of 2018 etc., dated 04.08.2023, wherein it is held that
M.Phil., degree awarded by the Vinayaka Mission University between 2007
and 2012 were given institution wise recognition by the UGC and also to
another writ petition in W.P(MD)No.18350 of 2020, the learned Single Judge
of this Court after following the judgment of the said writ appeal, had allowed
the writ petition on 22.11.2023.
7. The learned Counsel appearing for the petitioner also submitted that at
the time of admission, this Court has granted interim order, dated 30.09.2022
staying the impugned order of recovery and the same is still in force. Hence, no
recovery was made by the respondents.
8. The learned Government Advocate appearing for the respondents has
submitted that the impugned order has been passed since the M.Phil., degree
obtained by the petitioner is not from a recognised University and the Vinayaka
Mission University, which is not recognised by the UGC. Hence, the order of
recovery issued by proceedings of the Headmaster vide Na.Ka.No.52/17, dated
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20.09.2017 by which the amount which was paid as incentive increment for the
period from 17.12.2012 has to be recovered from the petitioner.
9. Heard both sides and perused the materials available on record.
10. In the case on hand, it is admitted fact that the petitioner has
completed M.Phil., degree in Vinayaka Missions University in the year
2008-2009. The learned Counsel appearing for the petitioner also drew the
attention of this Court to refer notification, dated 09.03.2021 in reference
No.VMRF/DDE/GEN/335 and the same is extracted hereunder:
“All our distance education programs offered including
M.PHIL (CHE) were approved by the Distance Education Council,
then the apex body for Distance education programs, as an
Institutional Permission for running Distance Education Programs
vide letter no. F.NO DEC/VMRF/07/2553, dated 28.02.2007 for the
period 2007-2012.”
11. As per the above notification, the courses which were completed
during the year 2007-2012 were regularised by UGC. The Hon'ble Division
Bench of this Court in the judgment in a batch of writ appeals in W.A.Nos.2328
of 2018 etc., dated 04.08.2023, wherein it has been held that the persons, who
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have obtained degree from Vinayaka Mission University during the period
2007-2012 which has been recognised by the UGC are entitled for incentive
increment and no recovery orders could be issued and the relevant para of the
judgment is extracted hereunder and the same reads as follows:
“35. In the result, the following orders are passed in these
writ appeals:
That the impugned order passed by the writ Court,
dated 06.09.2018 is set aside. As a sequel, the impugned
order that was challenged before the Writ Court in the
respective petitions is also set aside to the extent that
those teachers who had studied in the Vinayaka Mission's
University during the relevant point of time i.e., 2007 to
2009 since had acquired the qualification during the
period which the University also enjoyed the approval or
recognition from the DEC, IGNO, the said objection
raised by the audit Department would not be sustained.
Therefore, on that ground, the incentive increment
already allowed to these teachers need not be disturbed. If
the increment already been allowed to these teachers have
been cancelled or stopped by virtue of the order, which is
impugned herein, the same shall be restored and the
arrears to that effect shall be calculated and be paid to
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the teachers / appellants. To that extent, all these writ
appeals are allowed.”
12. It is also brought to the notice of this Court that following the
Hon'ble Division Bench of this Court, the learned Single Judge has also passed
an order in W.P(MD)No.18350 of 2020, dated 22.11.2023 following the
judgment of the Hon'ble Division Bench of this Court and quashed the order
passed by the respondent and directed the respondents to pay incentive
increment for the petitioner and even if any amount has been recovered from
the petitioner, the same shall be refunded to the petitioner, within a period of
twelve weeks from the date of receipt of a copy of this order.
13. In view of the above facts and circumstances of the case and the ratio
laid down by the Hon'ble Division Bench of this Court in a batch of writ
appeals in W.A.Nos.2328 of 2018 etc., followed by the order of the learned
Single Judge, the impugned orders of the fourth respondent in Na.Ka.No.
261/2020, dated 19.05.2020 served on 23.09.2022 is liable to be quashed.
Accordingly, the same is hereby quashed.
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14. In the result, the writ petition stands allowed. There shall be no order
as to costs. Consequently, connected Miscellaneous Petition stands closed.
25.10.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes
BTR
To
1.The Chief Educational Officer,
Theni District.
2.The District Educational Officer,
Periyakulam, Theni District.
3.The Regional Accounts Officer,
School Education Department,
Madurai-625 002.
4.The Headmaster,
Government Higher Secondary School,
Jeyamangalam,
Theni District.
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J.SATHYA NARAYANA PRASAD, J.
BTR
25.10.2024
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