S.Lovelin vs The Director Of School Education
2024 Latest Caselaw 18529 Mad

Madras High Court

S.Lovelin vs The Director Of School Education on 19 September, 2024

Author: R.Vijayakumar

Bench: R.Vijayakumar

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 19.09.2024

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                            W.P(MD)No.22227 of 2024
                                                    and
                                           W.M.P(MD)No.18784 of 2024

                S.Lovelin                                           ... Petitioner

                                                       Vs.

                1.The Director of School Education,
                DPI Campus,
                College Road, Numgambakkam,
                Chennai – 600 006.

                2.The Chief Educational Officer,
                Virudhunagar District,
                Virudhunagar.

                3.The District Educational Officer,
                Sivakasi,
                Virudhunagar District.

                4.The Head Master,
                Government Higher Secondary School,
                Reserve Line,
                Sivakasi West – 626 124,
                Virudhunagar District.                          ... Respondents

                PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
                to issue a writ of Certiorarified Mandamus, to call for the records of the 4th
                respondent in his proceedings in Na.Ka.No.44/2022, dated 14.11.2022 and
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                quash the same as devoid of merits and consequently direct the respondents to
                remit back the incentive increment amount which is already recovered from the
                petitioner's salary.


                                  For Petitioner     :    Mr.R.Iyappan

                                  For Respondents    :    Mr.J.Ashok
                                                          Additional Government Pleader



                                                         ORDER

The instant writ petition has been filed by a BT Assistant Teacher,

challenging the order dated 14.11.2022, wherein the incentive increment

granted to her, based upon her M.Phil., qualification obtained from Vinayaka

Mission University was cancelled.

2.According to the learned Counsel appearing for the writ petitioner, the

incentive increment was awarded to the writ petitioner w.e.f.24.06.2008, based

upon M.Phil., qualification acquired by her from Vinayaka Mission University.

However, under the impugned order dated 14.11.2022, the said order has been

recalled on the ground that M.Phil., degree is not valid in the eye of law.

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3.The issue is no longer res integra of the judgment of the Hon'ble

Division Bench of this Court.

4.The learned Counsel appearing for the writ petitioner brought to the

notice of the Court, 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,

(Mr.S.Sivan Vs. The Regional Accounts Officer, (Audit) Department of

School Education, Coimbatore and others), wherein Paragraph No.24 of the

Hon'ble Division Bench of this Court is pleased to point out that between 2007

to 2012, Vinayaka Mission University was given institution wise recognition by

the UGC and therefore, the Teachers, who had joined the Course either in the

year 2007 or in the year 2008 and completed either in the year 2008 or in the

year 2009, have been granted a valid Degree.

5. In view of the above said facts of the present case, the judgment of the

Hon'ble Division Bench of this Court is squarely applicable to the facts of the

present case, in view of the fact that the petitioner had passed out in the year

2008.

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6.With the above said observations, this writ petition stands allowed. No

costs. Consequently, connected miscellaneous petition is also closed.

                                                                                     19.09.2024

                NCC      : Yes/No
                Index    : Yes / No
                Internet : Yes / No
                RJR

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To

1.The Director of School Education, DPI Campus, College Road, Numgambakkam, Chennai – 600 006.

2.The Chief Educational Officer, Virudhunagar District, Virudhunagar.

3.The District Educational Officer, Sivakasi, Virudhunagar District.

4.The Head Master, Government Higher Secondary School, Reserve Line, Sivakasi West – 626 124, Virudhunagar District.

https://www.mhc.tn.gov.in/judis

R.VIJAYAKUMAR, J.

RJR

19.09.2024

https://www.mhc.tn.gov.in/judis