Gnanasekaran v. The Chief Education Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2025

CORAM:

THE HONOURABLE MR JUSTICE B.PUGALENDHI and W.M.P(MD).No.14748 of 2022 Gnanasekaran .. Petitioner Vs.

1.The Chief Education Officer, Thanjavur, Thanjavur District.

2.The Head Master, Government Higher Secondary School, Kasanaduputhur, Thanjavur District.

.. Respondents Prayer:Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the respondent No.1 by his proceedings in Mu.Mu.No. 3415/A2/E1/2017 dated 26.03.2021 and consequently direct the respondents to sanction incentive increment to the petitioner for his M.Phil., qualification forthwith.

For Petitioner :

M/s.Arun Prasad.A Advocate For Respondents :

Mr.K.Balasubramani Special Government Pleader

ORDER

Challenging the refusal of incentive increment, the Petitioner has filed this Writ Petition.

2. The Petitioner was appointed in a Government High School, Ramanujapuram, Kumbakonam Taluk, Thanjavur District. He studied M.Phil Degree and obtained a degree in the year 2017. Based on this degree, he made a request for incentive increment, however the same was rejected.

3. This Court has considered the rival submissions advanced by the learned counsel for the Petitioner and the learned Special Government Pleader for the Respondents and perused all the materials available on record.

4. This Court has already taken a decision on a similar request made in the case of C.Murugan Vs. The Secretary to Government and Ors. [W.P.(MD).No.4294 of 2021] that the M.Phil degree, if any, pursued through distance education cannot be a valid degree after the issuacne of

GO.Ms.No.91, Higher Education Department dated 03.04.2009. By the said government order, the Government has taken a decision that courses like M.Phil/Ph.D should not be offered through distance education and they should be offered only in the regular stream.

5. The Government has also stated that the degrees like M.Phil and Ph.D obtained through Correspondence/Distance Education/Open University are ineligible for appointment as Lecturers in the Colleges and Universities. The Petitioner is said to have obtained this M.Phil Degree in the year 2016 after the issuance of the said GO.

6. In view of the above decision already taken by this Court in a similar matter cited supra and also in view of the G.O.Ms.No.91, Higher Education Department dated 03.04.2009, this Court is not inclined to entertain this Writ Petition and accordingly, this Writ Petition is dismissed. No costs. Connected Writ Miscellaneous Petition is closed. 27.01.2025 NCC : Yes/No Index : Yes/No Internet : Yes nst

To 1.The Chief Education Officer, Thanjavur, Thanjavur District.

2.The Head Master, Government Higher Secondary School, Kasanaduputhur, Thanjavur District.

B.PUGALENDHI , J.

nst and W.M.P(MD).No.14748 of 2022 Dated: 27.01.2025