J.SELVANAYAGAM, vs THE PRINCIPAL SECRETARY

Court
Madras High Court

2026:MHC:4266
WP No. 33315 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 33315 of 2024
CNR:{HCMA010092722024}
and
WMP No. 36106 of 2024
J.Selvanayagam
..Petitioner(s)
Vs
1. The Principal Secretary
School Education Department,
Fort St. George, Chennai-600 009.
2. The Director
Directorate of School Education,
College Road, Chennai-06.
3. The Joint Director (Personal)
Directorate Of School Education,
Chennai-06.
4. The Accounts Officer (Audit)
Directorate Of School Education,
Chennai-06.
5. The Chief Educational Officer
Chief Educational Office,
Kallakurichi-606 202.
6. The District Educational Officer
District Educational Office,
Kallakurichi-606 202.
7. The Headmaster
Government High School,
Vengur, Kallakruchi District.
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2026:MHC:4266
WP No. 33315 of 2024
8. The Registrar
Vinayaga Mission University (Distance
Education) NH-47 Sankari Main Road,
Ariyanoor, Salem District-636 308.
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India praying
to issue a Writ of Certiorarified Mandamus, calling for the records of the 7th
respondent in proceeding having Reg. Ko.No. 02/2018-19, dated 19.09.2018
raising audit objection to the grant of second incentive to petitioner who is
working as B.T. in Government High School, Vengoor, Thirukovilur Taluk,
Kallakurichi District for the M.Phil, degree obtained from the 8th respondent
University through distance education and ordering recovery of the second
incentive granted to petitioner on 18.01.2013 from the salary and quash the
same as arbitrary and consequently direct the 7th respondent to continue to pay
the second incentive amount to petitioner for having acquired M.Phil., degree
through distance education from the 8th respondent University along with the
salary within a time limit stipulated by this Court.
For Petitioner(s): M/s.A.Ajimath Begum
For Respondent(s): Mrs.P.Mahalakshmi,
Additional Government Pleader (for R1 to R7)
No appearance (for R8)
ORDER
The present Writ Petition has been filed challenging the order of the
seventh respondent dated 19.09.2018, raising an audit objection to the grant of
the second incentive increment on account of the petitioner having obtained his
M.Phil. degree from Vinayaka Mission’s University through Distance
Education.
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2026:MHC:4266
WP No. 33315 of 2024
2. The learned counsel for the petitioner would submit that the issue with
respect to the validity of the degree obtained from Vinayaka Mission’s
University through Distance Education has already been considered by the
Division Bench of this Court in W.A.Nos.2328 of 2018 and etc., batch, dated
04.08.2023. She would further submit that the Division Bench ultimately held
that, in respect of teachers who had studied at Vinayaka Mission’s University
during the relevant period, i.e., from 2007 to 2009, since the University had the
requisite approval, the audit objection raised by the Department was not
sustainable. She would further submit that the aforesaid order of the Division
Bench was subsequently confirmed by the Hon’ble Supreme Court in SLP
(Civil) Diary No.34679 of 2024, dated 16.04.2024. Hence, it is the submission
of the learned counsel for the petitioner that the issue raised in the present Writ
Petition is covered by the aforesaid decision. Accordingly, she prayed that the
present Writ Petition may be allowed.
3. Per contra, the learned Additional Government Pleader appearing for
the first to seventh respondents would, in all fairness, submit that the issue
relating to the degree obtained from Vinayaka Mission’s University through
Distance Education is no longer res integra, in view of the decision of the
Division Bench of this Court in W.A.Nos.2328 of 2018 and etc., batch, dated
04.08.2023.
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2026:MHC:4266
WP No. 33315 of 2024
4. The aforesaid judgment of the Division Bench of this Court was
subsequently confirmed by the Hon’ble Supreme Court in SLP (Civil) Diary
No.34679 of 2024, dated 16.04.2024. For ready reference, the relevant portion
of the judgment of the Division Bench of this Court in W.A.Nos.2328 of 2018
and etc., batch, dated 04.08.2023, is extracted hereunder:-
“ 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 the teachers/appellants. To
that extent, all these writ appeals are allowed. No costs.
Connected miscellaneous petitions are closed.”
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2026:MHC:4266
WP No. 33315 of 2024
5. In view of the aforesaid ratio, which was subsequently confirmed by
the Hon’ble Supreme Court in SLP (Civil) Diary No.34679 of 2024, dated
16.04.2024, this Court finds sufficient justification to interfere with the
impugned order dated 19.09.2018. Accordingly, the impugned order is set aside,
and the respondents are directed to pay the second incentive to the petitioner for
having acquired the M.Phil. degree, together with the arrears, within a period of
twelve weeks from the date of receipt of a copy of this order.
6. In the result, this Writ Petition is allowed. Consequently, the connected
Miscellaneous Petition is closed. No costs.
15-10-2026
Index: Yes
Speaking order
Neutral Citation: Yes
KV
To
1. The Principal Secretary
School Education Department,
Fort St. George, Chennai-600 009.
2. The Director
Directorate of School Education,
College Road, Chennai-06.
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2026:MHC:4266
WP No. 33315 of 2024
3. The Joint Director (Personal)
Directorate Of School Education,
Chennai-06.
4. The Accounts Officer (Audit)
Directorate Of School Education,
Chennai-06.
5. The Chief Educational Officer
Chief Educational Office,
Kallakurichi-606 202.
6. The District Educational Officer
District Educational Office,
Kallakurichi-606 202.
7. The Headmaster
Government High School,
Vengur, Kallakruchi District.
8. The Registrar
Vinayaga Mission University (Distance Education)
NH-47 Sankari Main Road,
Ariyanoor, Salem District-636 308.
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2026:MHC:4266
WP No. 33315 of 2024
C.KUMARAPPAN J.
KV
WP No. 33315 of 2024
15-10-2026
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