Shiranthiri vs The Joint Director of School
- Court
- Madras High Court
2026:MHC:2560
WP(MD)Nos.22995 of 2024, etc., batch
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 27.02.2026
DELIVERED ON : 06.07.2026
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)Nos.22995, 24479, 25378, 27033 to 27038, 27582, 28019, 28134,
28440, 29018, 30520 of 2024;
1147, 2653, 7154, 8502, 18700 to 18703, 18757, 33320 to 33323 of 2025
&
WMP(MD)Nos.19497, 19500, 20824, 20825, 21524, 21525, 21527, 22937,
22938, 22941 to 22943, 22945 to 22947, 22970, 22971, 23392, 23766 to 23768,
23865, 23866, 24148, 24151, 24152, 24581, 24582, 25640, 25641, 26245 of 2024;
703, 774, 776, 1871, 1874, 3651, 5395, 5396, 6351, 7209, 7713, 11554, 12750,
14167, 14335, 14336, 14338, 14339, 14348 to 14351, 14387, 14388, 17819,
19406, 19407, 19421, 19423, 19427, 19430, 19432, 19437, 19560, 19603, 26281
to 26284, 26308 to 26311 of 2025
WP(MD)No.22995 of 2024:-
Shiranthiri : Petitioner
Vs.
1.The Joint Director of School Education (Vocational),
Department of School Education,
Chennai – 6.
2.The Headmaster,
Government Higher Secondary School,
Malaiyur, Pudukottai District. : Respondents
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WP(MD)Nos.22995 of 2024, etc., batch
PRAYER:
Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned order in Na.Ka.No.13983/K/E3/2023
dated 11.07.2024 passed by the first respondent, quash the same and
consequently, permitting the petitioner to receive the incentives for higher
for higher qualification of M.Phil., (SSP).
WP(MD)No.24479 of 2024:-
Sivanantham : Petitioner
Vs.
1.The University Grants Commission (UGC),
Rep. by its Secretary,
Bahadur Shah Zafar Marg,
New Delhi.
2.The Additional Chief Secretary to Government,
Higher Education (K1) Department,
Chennai – 600 009.
3.The Member Secretary (i/c),
Tamil Nadu State Council for Higher Education,
Chennai – 5.
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WP(MD)Nos.22995 of 2024, etc., batch
4.The Finance Advisor and Chief Accounts Officer,
School Education Department,
Chennai – 6.
5.The Registrar,
Alagappa University,
Karaikudi,
Sivagangai District. : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned declaration in S.No.22, item 40, in
GO(MS).No.170, issued by the second respondent dated 24.09.2024, quash
the same and consequently, directing the respondents 2 & 5 to permit to the
petitioner to receive the incentive increment for the M.Phil (SSP) awarded
by the fifth respondent.
WP(MD)No.25378 of 2024:-
Rani : Petitioner
Vs.
1.The University Grants Commission (UGC),
Rep. by its Secretary,
Bahadur Shah Zafar Marg,
New Delhi.
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WP(MD)Nos.22995 of 2024, etc., batch
2.The Additional Chief Secretary to Government,
Higher Education (K1) Department,
Chennai – 600 009.
3.The Member Secretary (i/c),
Tamil Nadu State Council for Higher Education,
Chennai – 5.
4.The Finance Advisor and Chief Accounts Officer,
School Education Department,
Chennai – 6.
5.The Registrar,
Alagappa University,
Karaikudi,
Sivagangai District. : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned declaration in S.No.22, item 40, in
GO(MS).No.170, issued by the second respondent dated 24.09.2024, quash
the same and consequently, directing the respondents 2 & 5 to permit to the
petitioner to receive the incentive increment for the M.Phil (SSP) awarded
by the fifth respondent.
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WP(MD)Nos.22995 of 2024, etc., batch
WP(MD)No.27033 of 2024:-
B.Jeni : Petitioner
Vs.
1.The District Educational Officer (Secondary),
District Educational Office,
Sivagangai,
Sivagangai District.
2.The Correspondent,
Ilayangudi Higher Secondary School,
Government Aided Minority School,
Ilayangudi – 630 702,
Sivagangai District. : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned proceedings of the first respondent in
Na.Ka.No.6233/A2/2023 dated 24.10.2024 and the proceedings of the
second respondent dated 30.10.2024, quash the same and consequently,
directing the respondents to permit to the petitioner to receive the incentive
increment for the M.Phil (SSP) awarded by the Karaikudi Alagappa
University.
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WP(MD)Nos.22995 of 2024, etc., batch
WP(MD)No.27034 of 2024:-
Sahayamary : Petitioner
Vs.
1.The District Educational Officer (Secondary),
District Educational Office,
Sivagangai,
Sivagangai District.
2.The Correspondent,
K.M.S.C. Girls Higher Secondary School,
Nattarasankottai,
Sivagangai District. : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned proceedings of the first respondent in
Na.Ka.No.2729/Aa5/2024 dated 24.10.2024 and the proceedings of the
second respondent dated 29.10.2024, quash the same and consequently,
directing the respondents to permit to the petitioner to receive the incentive
increment for the M.Phil (SSP) awarded by the Karaikudi Alagappa
University.
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WP(MD)Nos.22995 of 2024, etc., batch
WP(MD)No.27035 of 2024:-
Sirajudeen : Petitioner
Vs.
1.The District Educational Officer (Secondary),
District Educational Office,
Sivagangai,
Sivagangai District.
2.The Correspondent,
Hajee K.K.Ibrahim Ali Higher Secondary School,
Pudhur, Ilayangudi Taluk,
Sivagangai District. : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned proceedings of the first respondent in
Na.Ka.No.6667/Aa5/2024 dated 24.10.2024, quash the same and
consequently, directing the respondents to permit to the petitioner to
receive the incentive increment for the M.Phil (SSP) awarded by the
Karaikudi Alagappa University.
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WP(MD)Nos.22995 of 2024, etc., batch
WP(MD)No.27036 of 2024:-
S.Basheer Ahmed : Petitioner
Vs.
1.The District Educational Officer (Secondary),
District Educational Office,
Sivagangai,
Sivagangai District.
2.The Correspondent,
Ilayangudi Higher Secondary School,
Government Aided Minority School,
Ilayangudi – 630 702,
Sivagangai District. : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned proceedings of the first respondent in
Na.Ka.No.6233/A2/2023 dated 24.10.2024 and the proceedings of the
second respondent dated 30.10.2024, quash the same and consequently,
directing the respondents to permit to the petitioner to receive the incentive
increment for the M.Phil (SSP) awarded by the Karaikudi Alagappa
University.
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WP(MD)Nos.22995 of 2024, etc., batch
WP(MD)No.27037 of 2024:-
Prabakaran : Petitioner
Vs.
1.The District Educational Officer (Secondary),
District Educational Office,
Sivagangai,
Sivagangai District.
2.The Correspondent,
O.Ve.Se. Higher Secondary School,
Manamadurai,
Sivagangai District. : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned proceedings of the first respondent in
Na.Ka.No.2729/Aa5/2024 dated 24.10.2024, quash the same and
consequently, directing the respondents to permit to the petitioner to
receive the incentive increment for the M.Phil (SSP) awarded by the
Karaikudi Alagappa University.
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WP(MD)Nos.22995 of 2024, etc., batch
WP(MD)No.27038 of 2024:-
R.Krishnaveni : Petitioner
Vs.
1.The District Educational Officer (Secondary),
District Educational Office,
Sivagangai,
Sivagangai District.
2.The Correspondent,
Ilayangudi Higher Secondary School,
Government Aided Minority School,
Ilayangudi – 630 702,
Sivagangai District. : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned proceedings of the first respondent in
Na.Ka.No.6233/A2/2023 dated 24.10.2024 and the proceedings of the
second respondent dated 30.10.2024, quash the same and consequently,
directing the respondents to permit to the petitioner to receive the incentive
increment for the M.Phil (SSP) awarded by the Karaikudi Alagappa
University.
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WP(MD)Nos.22995 of 2024, etc., batch
WP(MD)No.27582 of 2024:-
Baskaran : Petitioner
Vs.
1.The Chief Educational Officer,
Chief Educational Office,
Sivagangai,
Sivagangai District.
2.The Headmaster,
Government High School,
Poyyavayal,
Sivagangai District. : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned proceedings of the second respondent in
Na.Ka.No.11/2024 dated 09.11.2024, quash the same and consequently,
directing the respondents to permit to the petitioner to receive the incentive
increment for the M.Phil (SSP) awarded by the Karaikudi Alagappa
University.
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WP(MD)Nos.22995 of 2024, etc., batch
WP(MD)No.28134 of 2024:-
T.Esther Roopavathy : Petitioner
Vs.
1.The Additional Chief Secretary to Government,
Higher Education (K1) Department,
Chennai – 600 009.
2.The Member Secretary (i/c),
Tamil Nadu State Council for Higher Education,
Chennai – 5.
3.The Chief Educational Officer,
Chief Educational Office,
Sivagangai,
Sivagangai District.
4.The Headmaster,
Government High School,
Kadalkudi,
Thoothukudi District. : Respondents
PRAYER:
Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned declaration in S.No.22, item 40, in
GO(MS)No.170 issued by the first respondent dated 24.09.2024, quash the
same and consequently, directing the respondents to permit to the
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WP(MD)Nos.22995 of 2024, etc., batch
petitioner to receive the incentive increment for the M.Phil (SSP) awarded
by the Karaikudi Alagappa University.
WP(MD)No.28019 of 2024:-
1.N.Kumaresan
2.S.Gurumoorthi
3.T.K.Ahamed Thippu Sultan
4.T.Vanmathi
5.S.Akbarali
6.V.M.S.Jeyaleela
7.M.Kamila Banu
8.I.Karna
9.S.Govindammal
10.C.Umadevi
11.N.A.Apsara Banu
12.B.Jeyapragasam
13.L.T.Rose Mariya
14.R.Thanalakshmi
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WP(MD)Nos.22995 of 2024, etc., batch
15.I.Carolin Nizi
16.R.Kavitharani
17.M.Karthikeyaraj : Petitioners
Vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
School Education Department,
Fort St.George,
Secretariat,
Chennai – 600 009.
2.The State of Tamil Nadu,
Rep. by its Additional Chief Secretary to Government,
Higher Education Department,
Fort St.George,
Secretariat,
Chennai – 600 009.
3.The Director of School Education,
DPI Campus,
Nungampakkam,
College Road,
Chennai – 6.
4.The Joint Director of School Education (Vocational),
O/o.Joint Director of School Education (Vocational),
DPI Complex,
College Road,
Chennai – 600 006.
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WP(MD)Nos.22995 of 2024, etc., batch
5.The Chief Educational Officer,
O/o.Chief Educational Office,
District Collectorate Campus,
Sivagangai, Sivagangai District – 630 561.
6.The Chief Educational Officer,
District Project Office,
Samagra Shiksha,
Marudhupandian Nagar School Campus,
Sivagangai, Sivagangai District – 630 562.
7.The Chief Educational Officer,
District Project Office,
Samagra Shiksha,
Tallakulam, Madurai,
Madurai District – 625 002.
8.The Chief Educational Officer,
District Project Office,
Samagra Shiksha,
Collectorate Old Building First Floor,
Collectorate Campus,
Ramanathapuram District – 623 503.
9.The District Educational Officer (Secondary),
O/o.District Educational Office (Secondary),
District Collectorate Campus,
Sivagangai,
Sivagangai District.
10.The District Educational Officer (Elementary),
O/o.District Educational Office (Elementary),
District Collectorate Campus,
Sivagangai,
Sivagangai District.
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WP(MD)Nos.22995 of 2024, etc., batch
11.The District Educational Officer (Elementary),
O/o.District Educational Office (Elementary),
th
6 Ward, Government High School Campus,
Othakkadai,
Devakottai, Sivagangai District.
12.The Block Education Officer – II,
O/o.Block Education Office – II,
Mathakovil Street,
Ilayangudi,
Sivagangai District – 630 702.
13.The Block Education Officer – II,
O/o.Block Education Office – II,
Ramnagar,
Devakottai,
Sivagangai District – 630 314.
14.The Headmaster,
Government Higher Secondary School,
Idaikattur,
Sivagangai District.
15.The Headmaster,
Government Higher Secondary School,
Anumanthakudi,
Sivagangai District.
16.The Headmaster,
Government Higher Secondary School,
V.Malampatti,
Sivagangai District.
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WP(MD)Nos.22995 of 2024, etc., batch
17.The Headmaster,
Government Higher Secondary School,
T.Siruvanoor,
Sivagangai District.
18.The Registrar,
Alagappa University,
Karaikudi,
Sivagangai District.
19.The Secretary,
University Grants Commission,
Bahadur Shah Zafar Marg,
New Delhi. : Respondents
[R.19 suo-motu impleaded vide order dated 09.02.2026]
PRAYER:
Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorari calling for the records relating to
the impugned order passed by the second respondent in GO.Ms.No.170,
Higher Education (K1) Department dated 24.09.2024 insofar as it relates to
Serial No.22 is concerned and the consequential order passed by the fourth
respondent in Na.Ka.No.072435/K/E1/2024 dated 12.11.2024 and quash
the same.
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WP(MD)Nos.22995 of 2024, etc., batch
WP(MD)No.28440 of 2024:-
1.B.Sivaganapathi
2.S.Hemalatha
3.V.Paneel Selvam
4.S.Sasima : Petitioners
Vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
School Education Department,
Fort St.George,
Secretariat, Chennai – 600 009.
2.The State of Tamil Nadu,
Rep. by its Additional Chief Secretary to Government,
Higher Education Department,
Fort St.George,
Secretariat, Chennai – 600 009.
3.The Director of School Education,
DPI Campus,
Nungambakkam,
College Road,
Chennai – 6.
4.The Joint Director of School Education (Vocational),
O/o.Joint Director of School Education (Vocational),
DPI Complex,
College Road,
Chennai – 600 006.
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WP(MD)Nos.22995 of 2024, etc., batch
5.The Chief Educational Officer,
O/o.Chief Educational Office,
District Collectorate Campus,
Sivagangai,
Sivagangai District – 630 561.
6.The District Educational Officer (Secondary),
O/o.District Educational Office (Secondary),
District Collectorate Campus,
Sivagangai,
Sivagangai District.
7.The Headmaster,
Government Higher Secondary School,
Ulagampati,
Sivagangai District.
8.The Headmaster,
Government Higher Secondary School,
S.Velangudi,
Sivagangai District.
9.The Registrar,
Alagappa University,
Karaikudi,
Sivagangai District.
10.The Secretary,
University Grants Commission,
Bahadur Shah Zafar Marg,
New Delhi. : Respondents
[R.10 suo-motu impleaded vide order dated 09.02.2026]
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WP(MD)Nos.22995 of 2024, etc., batch
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorari calling for the records relating to
the impugned order passed by the second respondent in GO.Ms.No.170,
Higher Education (K1) Department dated 24.09.2024 insofar as it relates to
Serial No.22 is concerned and the consequential order passed by the fourth
respondent in Na.Ka.No.072435/K/E1/2024 dated 12.11.2024 and quash
the same.
WP(MD)No.29018 of 2024:-
K.Rajeshwari : Petitioner
Vs.
1.The Additional Chief Secretary to Government,
Higher Education (K1) Department,
Chennai – 600 009.
2.The Member Secretary (i/c),
Tamil Nadu State Council for Higher Education,
Chennai – 5.
3.The Chief Educational Officer,
Chief Educational Office,
Sivagangai,
Sivagangai District.
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WP(MD)Nos.22995 of 2024, etc., batch
4.The Headmaster,
Government Higher Secondary School,
Eriyur,
Sivagangai District. : Respondents
PRAYER:
Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned declaration in S.No.22, item 40, in
GO.Ms.No.170, issued by the first respondent dated 24.09.2024, quash the
same and consequently directing the respondents to permit the petitioner
to receive the incentive increment for the M.Phil (SSP) awarded by the
Karaikudi Alagappa University.
WP(MD)No.30520 of 2024:-
T.S.Kalyani : Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
School Education Department,
Fort St.George,
Secretariat,
Chennai – 600 009.
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2.The State of Tamil Nadu,
Rep. by its Additional Chief Secretary to Government,
Higher Education Department,
Fort St.George,
Secretariat, Chennai – 600 009.
3.The Director of School Education,
DPI Campus,
Nungambakkam,
College Road,
Chennai – 6.
4.The Joint Director of School Education (Vocational),
O/o.Joint Director of School Education (Vocational),
DPI Complex,
College Road,
Chennai – 600 006.
5.The Chief Educational Officer,
District Project Office,
Samagra Shiksha,
Tallakulam,
Madurai,
Madurai District – 625 002.
6.The District Educational Officer (Secondary),
O/o.District Educational Office (Secondary),
Melur,
Madurai,
Madurai District.
7.The Headmaster,
Government Higher Secondary School,
Kambur,
Madurai District.
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8.The Registrar,
Alagappa University,
Karaikudi,
Sivagangai District.
9.The Secretary,
University Grants Commission,
Bahadur Shah Zafar Marg,
New Delhi. : Respondents
[R.9 suo-motu impleaded vide order dated 30.01.2026]
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorari calling for the records relating to
the impugned order passed by the second respondent in GO.Ms.No.170,
Higher Education (K1) Department dated 24.09.2024 insofar as it relates to
Serial No.22 is concerned and the consequential order passed by the fourth
respondent in Na.Ka.No.072435/K/E1/2024 dated 12.11.2024 and the
consequential order passed by the seventh respondent in Na.Ka.No.
207-2024 dated 10.12.2024 and quash the same.
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WP(MD)Nos.22995 of 2024, etc., batch
WP(MD)No.1147 of 2025:-
Usha : Petitioner
Vs.
1.The District Chief Educational Officer,
District Chief Educational Office,
Sivagangai, Sivagangai District.
2.The Headmaster,
VNT Government Higher Secondary School,
Shanmuganathapattinam,
Sivagangai District.
3.The Secretary,
University Grants Commission,
Bahadur Shah Zafar Marg, New Delhi. : Respondents
[R.3 suo-motu impleaded vide order dated 09.02.2026]
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned order passed by the second respondent in
Na.Ka.No.78/2024 dated 23.12.2024, quash the same and consequently,
directing the respondents to permit the petitioner to receive the incentive
increment for the M.Phil (SSP) awarded by the Karaikudi Alagappa
University.
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WP(MD)Nos.22995 of 2024, etc., batch
WP(MD)No.2653 of 2025:-
Gnana Jeba Mani : Petitioner
Vs.
1.The University Grants Commission (UGC),
Rep. by its Secretary,
Bahadur Shah Zafar Marg,
New Delhi.
2.The Additional Chief Secretary to Government,
Higher Education (K1) Department,
Chennai – 600 009.
3.The Member Secretary (i/c),
Tamil Nadu State Council for Higher Education,
Chennai – 5.
4.The Finance Advisor and Chief Account Officer,
School Education Department,
Chennai – 6.
5.The Registrar,
Alagappa University,
Karaikudi,
Sivagangai District. : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
25/79
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WP(MD)Nos.22995 of 2024, etc., batch
records relating to the impugned declaration in S.No.22, item 40, in
GO(Ms).No.170 issued by the second respondent dated 24.09.2024, quash
the same and consequently, directing the respondents 2 & 5 to permit the
petitioner to receive the incentive increment for the M.Phil (SSP) awarded
by the Karaikudi Alagappa University.
WP(MD)No.7154 of 2025:-
R.Jeya : Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
School Education Department,
Fort St.George,
Secretariat,
Chennai – 600 009.
2.The State of Tamil Nadu,
Rep. by its Additional Chief Secretary to Government,
Higher Education Department,
Fort St.George, Secretariat,
Chennai – 600 009.
3.The Director of School Education,
DPI Campus, Nungampakkam,
College Road,
Chennai – 6.
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WP(MD)Nos.22995 of 2024, etc., batch
4.The Joint Director of School Education (Vocational),
O/o.Joint Director of School Education (Vocational),
DPI Complex,
College Road,
Chennai – 600 006.
5.The Chief Educational Officer,
O/o.Chief Educational Office,
District Collectorate Campus,
Sivagangai,
Sivagangai District.
6.The Chief Educational Officer,
District Project Office,
Collectorate,
Sivagangai,
Sivagangai District – 630 562.
7.The Headmaster,
Government Higher Secondary School,
Keelakandai,
Sivagangai District – 630 561.
8.The Registrar,
Alagappa University,
Karaikudi,
Sivagangai District.
9.The Secretary,
University Grants Commission (UGC),
Bahadur Shah Zafar Marg,
New Delhi. : Respondents
[R.9 suo-motu impleaded vide order dated 09.02.2026]
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PRAYER:
Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorari calling for the records relating to
the impugned order passed by the second respondent in GO(Ms).No.170,
Higher Education (K1) Department, dated 24.09.2024 insofar as it relates to
Serial No.22 is concerned and the consequential order passed by the fourth
respondent in Na.Ka.No.072435/K/E1/2024 dated 12.11.2024 and quash
the same.
WP(MD)No.8502 of 2025:-
K.Murugesh : Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
School Education Department,
Fort St.George, Secretariat,
Chennai – 600 009.
2.The State of Tamil Nadu,
Rep. by its Additional Chief Secretary to Government,
Higher Education Department,
Fort St.George, Secretariat,
Chennai – 600 009.
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3.The Director of School Education,
DPI Campus,
Nungampakkam,
College Road,
Chennai – 6.
4.The Joint Director of School Education (Vocational),
O/o.Joint Director of School Education (Vocational),
DPI Complex,
College Road,
Chennai – 600 006.
5.The Chief Educational Officer,
O/o.Chief Educational Office,
District Collectorate Campus,
Sivagangai,
Sivagangai District.
6.The District Educational Officer (Secondary),
Collectorate Campus,
Sivagangai,
Sivagangai District.
7.The Headmaster,
Government High School,
Keelakandai – 630 561,
Sivagangai District.
8.The Headmaster,
Government High School,
Ladanenthal – 630 611,
Sivagangai District.
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9.The Registrar,
Alagappa University,
Karaikudi,
Sivagangai District.
10.The Secretary,
University Grants Commission (UGC),
Bahadur Shah Zafar Marg,
New Delhi. : Respondents
[R.10 suo-motu impleaded vide order dated 30.01.2026]
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorari calling for the records relating to
the impugned order passed by the second respondent in GO(Ms).No.170,
Higher Education (K1) Department, dated 24.09.2024 insofar as it relates to
Serial No.22 is concerned and the consequential order passed by the fourth
respondent in Na.Ka.No.072435/K/E1/2024 dated 12.11.2024 and quash
the same.
WP(MD)No.18700 of 2025:-
Jayapratha : Petitioner
Vs.
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1.The Chief Accountant and Financial Adviser,
Chennai – 600 006.
2.The District Educational Officer (Secondary),
District Educational Office,
Sivagangai, Sivagangai District.
3.The Headmaster,
Government High School,
Karumanthagudi,
Sivagangai District.
4.The Registrar,
Alagappa University,
Karaikudi,
Sivagangai District.
5.The Secretary,
University Grants Commission (UGC),
Bahadur Shah Zafar Marg,
New Delhi. : Respondents
[R.5 suo-motu impleaded vide order dated 09.02.2026]
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned notice in Na.Ka.No.35/2025 dated
25.06.2025 issued by the third respondent, quash the same and
consequently directing the respondents to permit the petitioner to receive
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the incentive increment for the M.Phil (SSP) awarded by the Karaikudi
Alagappa University.
WP(MD)No.18701 of 2025:-
Irulayee : Petitioner
Vs.
1.The Chief Accountant and Financial Adviser,
Chennai – 600 006.
2.The District Educational Officer (Secondary),
District Educational Office,
Sivagangai, Sivagangai District.
3.The Headmaster,
Government High School,
Karumanthagudi,
Sivagangai District.
4.The Registrar,
Alagappa University,
Karaikudi,
Sivagangai District.
5.The Secretary,
University Grants Commission (UGC),
Bahadur Shah Zafar Marg,
New Delhi. : Respondents
[R.5 suo-motu impleaded vide order dated 09.02.2026]
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PRAYER:
Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned notice in Na.Ka.No.35/2025 dated
25.06.2025 issued by the third respondent, quash the same and
consequently directing the respondents to permit the petitioner to receive
the incentive increment for the M.Phil (SSP) awarded by the Karaikudi
Alagappa University.
WP(MD)No.18702 of 2025:-
Fathima Begum : Petitioner
Vs.
1.The Chief Accountant and Financial Adviser,
Chennai – 600 006.
2.The District Educational Officer (Secondary),
District Educational Office,
Sivagangai, Sivagangai District.
3.The Headmaster,
Government High School,
Karumanthagudi,
Sivagangai District.
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4.The Registrar,
Alagappa University,
Karaikudi,
Sivagangai District.
5.The Secretary,
University Grants Commission (UGC),
Bahadur Shah Zafar Marg,
New Delhi. : Respondents
[R.5 suo-motu impleaded vide order dated 09.02.2026]
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned notice in Na.Ka.No.35/2025 dated
25.06.2025 issued by the third respondent, quash the same and
consequently directing the respondents to permit the petitioner to receive
the incentive increment for the M.Phil (SSP) awarded by the Karaikudi
Alagappa University.
WP(MD)No.18703 of 2025:-
Selvi : Petitioner
Vs.
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1.The Chief Accountant and Financial Adviser,
Chennai – 600 006.
2.The District Educational Officer (Secondary),
District Educational Office,
Sivagangai, Sivagangai District.
3.The Headmaster,
Government High School,
Karumanthagudi,
Sivagangai District.
4.The Registrar,
Alagappa University,
Karaikudi,
Sivagangai District.
5.The Secretary,
University Grants Commission (UGC),
Bahadur Shah Zafar Marg,
New Delhi. : Respondents
[R.5 suo-motu impleaded vide order dated 09.02.2026]
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
records relating to the impugned notice in Na.Ka.No.35/2025 dated
25.06.2025 issued by the third respondent, quash the same and
consequently directing the respondents to permit the petitioner to receive
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the incentive increment for the M.Phil (SSP) awarded by the Karaikudi
Alagappa University.
WP(MD)No.18757 of 2025:-
Jayaseeli : Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
School Education Department,
Fort St.George, Secretariat,
Chennai – 600 009.
2.The State of Tamil Nadu,
Rep. by its Additional Chief Secretary to Government,
Higher Education Department,
Fort St.George, Secretariat,
Chennai – 600 009.
3.The Director of School Education,
DPI Campus,
Nungampakkam,
College Road,
Chennai – 6.
4.The Joint Director of School Education (Vocational),
O/o.Joint Director of School Education (Vocational),
DPI Complex,
College Road,
Chennai – 600 006.
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5.The Chief Educational Officer,
O/o.Chief Educational Office,
Pudukottai,
Pudukottai District.
6.The District Educational Officer (Secondary),
O/o.District Educational Office (Secondary),
Pudukottai,
Pudukottai District.
7.The Block Education Officer,
O/o.Block Education Officer,
Pudukottai District Collectorate,
Sri Pragathambal Government High School Complex,
Pudukottai – 622 001.
8.The Headmaster,
Government Girls Higher Secondary School,
P.Alagapuri,
Pudukottai District.
9.The Registrar,
Alagappa University,
Karaikudi,
Sivagangai District.
10.The Secretary,
University Grants Commission (UGC),
Bahadur Shah Zafar Marg,
New Delhi. : Respondents
[R.10 suo-motu impleaded vide order dated 30.01.2026]
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PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorari calling for the records relating to
the impugned order passed by the second respondent in GO(Ms).No.170,
Higher Education (K1) Department, dated 24.09.2024 insofar as it relates to
Serial No.22 is concerned and the consequential order passed by the fourth
respondent in Na.Ka.No.072435/K/E1/2024 dated 12.11.2024 and quash
the same.
WP(MD)No.33320 of 2025:-
T.Senthil : Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
School Education Department,
Fort St.George, Secretariat,
Chennai – 600 009.
2.The State of Tamil Nadu,
Rep. by its Additional Chief Secretary to Government,
Higher Education Department,
Fort St.George,
Secretariat,
Chennai – 600 009.
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3.The Director of School Education,
DPI Campus,
Nungampakkam,
College Road,
Chennai – 6.
4.The Joint Director of School Education (Vocational),
O/o.Joint Director of School Education (Vocational),
DPI Complex,
College Road,
Chennai – 600 006.
5.The Chief Educational Officer,
O/o.Chief Educational Office,
Sivagangai,
Sivagangai District.
6.The District Educational Officer (Secondary),
O/o.District Educational Office (Secondary),
Sivagangai,
Sivagangai District.
7.The Headmaster,
Government Higher Secondary School,
Kannangudi,
Devakottai Taluk,
Sivagangai District.
8.The Secretary,
University Grants Commission (UGC),
Bahadur Shah Zafar Marg,
New Delhi. : Respondents
[R.8 suo-motu impleaded vide order dated 30.01.2026]
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PRAYER:
Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorari calling for the records relating to
the impugned order passed by the second respondent in GO(Ms).No.170,
Higher Education (K1) Department, dated 24.09.2024 insofar as it relates to
Serial No.22 is concerned and the consequential order passed by the fourth
respondent in Na.Ka.No.072435/K/E1/2024 dated 12.11.2024 and the
consequential order passed by the seventh respondent in Na.Ka.No.
29/2025 dated 19.03.2025 and the consequential order passed by the
seventh respondent in Na.Ka.No.94/2025 dated 10.11.2025 and quash the
same.
WP(MD)No.33321 of 2025:-
P.Pandiselvam : Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
School Education Department,
Fort St.George, Secretariat,
Chennai – 600 009.
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2.The State of Tamil Nadu,
Rep. by its Additional Chief Secretary to Government,
Higher Education Department,
Fort St.George,
Secretariat,
Chennai – 600 009.
3.The Director of School Education,
DPI Campus,
Nungampakkam,
College Road,
Chennai – 6.
4.The Joint Director of School Education (Vocational),
O/o.Joint Director of School Education (Vocational),
DPI Complex,
College Road,
Chennai – 600 006.
5.The Chief Educational Officer,
O/o.Chief Educational Office,
Sivagangai,
Sivagangai District.
6.The District Educational Officer (Secondary),
O/o.District Educational Office (Secondary),
Sivagangai,
Sivagangai District.
7.The Headmaster,
Government Higher Secondary School,
Kannangudi,
Devakottai Taluk,
Sivagangai District.
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8.The Secretary,
University Grants Commission (UGC),
Bahadur Shah Zafar Marg,
New Delhi. : Respondents
[R.8 suo-motu impleaded vide order dated 30.01.2026]
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorari calling for the records relating to
the impugned order passed by the second respondent in GO(Ms).No.170,
Higher Education (K1) Department, dated 24.09.2024 insofar as it relates to
Serial No.22 is concerned and the consequential order passed by the fourth
respondent in Na.Ka.No.072435/K/E1/2024 dated 12.11.2024 and the
consequential order passed by the seventh respondent in Na.Ka.No.
29/2025 dated 19.03.2025 and the consequential order passed by the
seventh respondent in Na.Ka.No.94/2025 dated 10.11.2025 and quash the
same.
WP(MD)No.33322 of 2025:-
R.Jothi : Petitioner
Vs.
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1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
School Education Department,
Fort St.George,
Secretariat,
Chennai – 600 009.
2.The State of Tamil Nadu,
Rep. by its Additional Chief Secretary to Government,
Higher Education Department,
Fort St.George, Secretariat,
Chennai – 600 009.
3.The Director of School Education,
DPI Campus,
Nungampakkam,
College Road,
Chennai – 6.
4.The Joint Director of School Education (Vocational),
O/o.Joint Director of School Education (Vocational),
DPI Complex,
College Road,
Chennai – 600 006.
5.The Chief Educational Officer,
O/o.Chief Educational Office,
Sivagangai,
Sivagangai District.
6.The District Educational Officer (Secondary),
O/o.District Educational Office (Secondary),
Sivagangai,
Sivagangai District.
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7.The Headmaster,
Government Higher Secondary School,
Kannangudi,
Devakottai Taluk,
Sivagangai District.
8.The Secretary,
University Grants Commission (UGC),
Bahadur Shah Zafar Marg,
New Delhi. : Respondents
[R.8 suo-motu impleaded vide order dated 30.01.2026]
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorari calling for the records relating to
the impugned order passed by the second respondent in GO(Ms).No.170,
Higher Education (K1) Department, dated 24.09.2024 insofar as it relates to
Serial No.22 is concerned and the consequential order passed by the fourth
respondent in Na.Ka.No.072435/K/E1/2024 dated 12.11.2024 and the
consequential order passed by the seventh respondent in Na.Ka.No.
29/2025 dated 19.03.2025 and the consequential order passed by the
seventh respondent in Na.Ka.No.94/2025 dated 10.11.2025 and quash the
same.
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WP(MD)No.33323 of 2025:-
N.Dharmabalan : Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
School Education Department,
Fort St.George,
Secretariat,
Chennai – 600 009.
2.The State of Tamil Nadu,
Rep. by its Additional Chief Secretary to Government,
Higher Education Department,
Fort St.George,
Secretariat,
Chennai – 600 009.
3.The Director of School Education,
DPI Campus,
Nungampakkam,
College Road,
Chennai – 6.
4.The Joint Director of School Education (Vocational),
O/o.Joint Director of School Education (Vocational),
DPI Complex,
College Road,
Chennai – 600 006.
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5.The Chief Educational Officer,
O/o.Chief Educational Office,
Sivagangai,
Sivagangai District.
6.The District Educational Officer (Secondary),
O/o.District Educational Office (Secondary),
Sivagangai,
Sivagangai District.
7.The Headmaster,
Government Higher Secondary School,
Kannangudi,
Devakottai Taluk,
Sivagangai District.
8.The Secretary,
University Grants Commission (UGC),
Bahadur Shah Zafar Marg,
New Delhi. : Respondents
suo-motu
[R.8 impleaded vide order dated 30.01.2026]
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorari calling for the records relating to
the impugned order passed by the second respondent in GO(Ms).No.170,
Higher Education (K1) Department, dated 24.09.2024 insofar as it relates to
Serial No.22 is concerned and the consequential order passed by the fourth
respondent in Na.Ka.No.072435/K/E1/2024 dated 12.11.2024 and the
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consequential order passed by the seventh respondent in Na.Ka.No.
29/2025 dated 19.03.2025 and the consequential order passed by the
seventh respondent in Na.Ka.No.94/2025 dated 10.11.2025 and quash the
same.
Appearances :-
For Petitioner : Mr.Isaac Mohanlal,
Senior Counsel
for Mr.M.Ramu
in WP(MD)Nos.22995, 24479, 25378, 27033 to
27038, 27582, 28134, 29018 of 2024
in WP(MD)Nos.1147, 2653, 18700 to 18703
of 2025
Mr.H.Mohammed Imran
for M/s.Ajmal Associates
in WP(MD)Nos.28019, 28440, 30520 of 2024
in WP(MD)Nos.7154, 8502, 33320 to 33323
of 2025
Mr.S.M.A.Jinnah
in WP(MD)No.18757 of 2025
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For Respondents: Mr.R.Baskaran,
Additional Advocate General
for Government
Assisted by
Mr.M.Sarangan,
Additional Government Pleader
in WP(MD)Nos.24479, 25378, 27033 to 27038, 28019,
28134, 28440, 29018, 30520 of 2024
in WP(MD)Nos.1147, 2653, 7154, 8502, 33320 to
33323 of 2025
and
Mr.S.Vinodh,
Government Advocate
in WP(MD)Nos.22995, 27582 of 2024
in WP(MD)Nos.18700 to 18703, 18757 of 2025
Mr.T.Cibi Chakraborthy
for Alagappa University
(In all WPs)
Mr.P.Karthick
for UGC
(In all WPs)
*
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COMMON ORDER
The petitioners are BT Assistants, PG Assistants and Instructors
working in various government schools and government aided schools.
They have obtained the M.Phil degree from Alagappa University through
Summer Sequential Programme [hereinafter referred to as “M.Phil (SSP)”]
which was offered during three academic years viz., 2016-17, 2017-18 and
2018-19. On the basis of this M.Phil (SSP) degree, they were provided with
incentive increment. However in the year 2019, an audit objection was
raised that the M.Phil (SSP) course offered by the Alagappa University was
not recognised by the University Grants Commission [hereinafter referred
to as “UGC”] and orders were passed cancelling their incentive increment.
Therefore, the petitioners and other teachers approached this Court
challenging the validity of such orders and the issue went up the Division
Bench of this Court.
2.The Division Bench of this Court in Veluchamy v. Secretary,
University Grants Commission and Others [WA(MD)No.259 of 2023, etc
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Batch dated 07.12.2023] raised doubts regarding whether the M.Phil (SSP)
degree was recognized by the Government and directed the Government to
take a decision on the equivalence and validity of M.Phil (SSP) degree and
to take decision on whether the said degree can be considered for the
purpose of incentive increment or not.
3.Thereafter, this issue was referred to the Equivalence Committee
th
constituted by the Government and the 27 Equivalence committee in its
meeting dated 13.09.2024 has decided that the M.Phil (SSP) offered by the
Alagappa University is not equivalent to the Regular M.Phil degree for the
purpose of awarding incentives to the teachers working in schools.
Subsequently, the Government has issued G.O.(Ms.)No.170, Higher
Education (K1) Department dated 24.09.2024 and approved the above
decision of the Equivalence Committee. Thereafter, the Government has
issued directions for refixing the pay of the petitioners and also issued
recovery orders to some of the petitioners. As against the aforesaid
government order and also the consequent pay revision and recovery
orders, these writ petitions have been filed.
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4.Since the issue arising in these writ petitions is common, all the writ
petitions are taken up together and disposed by way of this common order.
Petitioners' case:-
5.The case of the petitioners, as advanced by the respective learned
Senior Counsel / Counsel, is summarised as under:
(i)The petitioners have obtained the M.Phil (SSP) Degree from the
Alagappa University and this course was conducted in accordance with the
University Grants Commission (Minimum Standards and Procedure for
Award of M.Phil./Ph.D. Degrees) Regulations, 2016 [in short “2016 UGC
Regulations”]. This course was part-time course conducted on the basis of
Choice Based Credit System. As per the 2016 UGC Regulations, the M.Phil
programme shall be offered for a minimum of 2 consecutive semesters /
one year and a minimum of 24 credit points is prescribed for such courses.
This course offers 36 credit points and is conducted over a period of one
year, with compulsory 45 days attendance from April to June and further
10 days attendance between July and December of the same year. Hence, it
cannot be said that the course is not following the 2016 UGC Regulations.
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(ii)The Government accepted the equivalence of the M.Phil (SSP)
programmes offered by other universities such as the Tamil Nadu
Educational University and the Tamil Open University. Therefore, the
impugned government order discriminates as against the petitioners who
have obtained M.Phil (SSP) degree from the Alagappa University.
(iii)There are three expert committees which opined on 07.05.2024,
30.05.2024 and 13.06.2024 that the M.Phil (SSP) Degree offered by the
Alagappa University is equivalent to the regular M.Phil degree. However
th
the 27 Equivalence committee has decided that the M.Phil (SSP) degree
offered by the Alagappa University is not equivalent to M.Phil (Regular)
for the purpose of awarding incentive increment to the teachers working in
schools. This decision was taken considering the financial implications and
is an unreasonable decision. Further, the Equivalence Committee has
decided that the M.Phil (SSP) Degree offered by the Alagappa University is
not equivalent for the purpose of incentive increment alone and the same is
arbitrary in nature.
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(iv)The approval of research programmes such as M.Phil is decided
by the awarding University and not by the equivalence committee.
(v)The Government has taken a policy decision to provide incentive
increment to the teachers who are obtaining M.Phil Qualification in
G.O.Ms.No.1170, Education, Science and Technology Department dated
20.12.1993. This government order does not mention about the nature of the
course undertaken and hence, the impugned government order is liable to
be set aside.
Stand of Alagappa University:-
6.The common stand of the Alagappa University in all these writ
petitions is summarised as under:
(i)The University offered a part-time M.Phil Course namely, the
M.Phil (Summer Sequential Programme) Course only in accordance with
the University Grants Commission (Minimum Standard and Procedure for
award of M.Phil/Ph.D) Regulations, 2016. They have complied with the
minimum course duration, evaluation and credit requirements as provided
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under the 2016 UGC Regulations. This course was restricted to the teachers
who were working at any affiliated college or recognized school with at
least two years of continuous teaching experience.
(ii)The M.Phil (SSP) degree offered by the University was approved
by the the standing committee on Academic affairs, Syndicate and Senate of
the University which is the highest executive body in the year 2013-14.
Thereafter, the Committee of Faculty of Deans of the University has framed
and approved the modalities of this course on 10.08.2015.
(iii)There were three expert committees which previously decided
that the M.Phil(SSP) degree offered by the University is equivalent to the
th
Regular M.Phil degree. However, a decision was taken by the 27
Equivalence Committee that the M.Phil (SSP) degree offered by the
University is not equivalent to the Regular M.Phil Degree. After initially
taking a stand that the M.Phil (SSP) course was equivalent, the Government
cannot now turn around and decide that this degree is not equivalent for
the purpose of offering increments to the teachers.
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(iv)The University is a part of the November 2019 UGC Updated List
of Category-I Higher Educational Institutions (HEI's) who are allowed to
offer programmes through open and Distance Learning (ODL)
Stand of Higher Education Department and Tamil Nadu State Higher
Educational Council:-
7.The common stand of the Higher Education Department and the
Tamil Nadu State Higher Educational Council in all these writ petitions is
summarised hereunder:
(i)The petitioners were provided with incentive increment for
obtaining M.Phil (SSP) degree from the Alagappa University in the
academic years 2016-17, 2017-18 and 2018-19. Thereafter, an Audit
Objection was raised that this particular course is not recognized by the
UGC. Therefore, directions were issued to cancel the increment offered for
obtaining the same and to recover the increment already paid. The
petitioners and other teachers approached this Court challenging the same.
A Division Bench of this Court in Veluchamy v. Secretary, University
Grants Commission and Others [WA(MD)No.259 of 2023, etc Batch dated
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07.12.2023] has directed the Government to consider whether this course is
equivalent to regular M.Phil degree for providing incentive increment. The
Equivalence Committee which is an expert body has examined the issue
and decided that the M.Phil (SSP) degree of the Alagappa University is not
equivalent to the Regular M.Phil degree. Hence, the impugned government
order and the recovery orders were only passed pursuant to the directions
of this Court.
(ii)The grant of incentive increment to the teachers for obtaining
additional qualification is not a part of the pay rules and is a special benefit
provided to the teachers. This benefit is provided to encourage the teachers
to acquire higher qualification and utilise this knowledge for developing
the education system and improve the quality of teaching. Therefore, the
grant of incentive increment is not a legal right which can be claimed by the
petitioners.
(iii)According to the 2016 UGC Regulations, the M.Phil Course
should consist of one year / two semesters. However, the petitioners have
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undergone a Summer Sequential Programme and the duration of this
course is only for 45 days. It is not a full time course. Further, the
Government has taken a policy decision that M.Phil / Ph.D should not be
offered through distance education and only through regular stream from
Academic Year 2007-08 onwards vide G.O.(Ms.)No.91, Higher Education
(K2) Department, dated 03.04.2009. Therefore, the M.Phil (SSP) degree
offered by the Alagappa University is not following the 2016 UGC
Regulations.
(iv)The M.Phil (SSP) course offered by the Alagappa University is
only approved by the Academic committee of the University and not by the
UGC.
8.The UGC has taken a common stand in these writ petitions that as
per the 2016 UGC Regulations, no University is allowed to offer M.Phil and
Ph.D courses through distance education mode. They also submit that the
determination of relevance or equivalency of qualifications is within the
exclusive purview of concerned appointing authority. Further, they submit
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that the recognition of the Alagappa University for offering programmes
through Open and Distance Learning (ODL) mode is subject to the
condition that they follow the norms prescribed by the regulatory bodies.
9.This Court carefully considered the rival submissions and perused
the materials.
10.The petitioners are BT Assistants, PG Assistants and Instructors
working in various government schools and government aided schools.
They have obtained the M.Phil (SSP) degree from the Alagappa University
and were provided with incentive increment based on this qualification.
Thereafter, an audit objection was raised that the M.Phil (SSP) course
offered by the Alagappa University was not recognised by the UGC and
orders were passed cancelling their incentive increment. The petitioners
and other teachers filed various writ petitions challenging the validity of
such orders and this Court dismissed the writ petitions filed by the
teachers. As against the same, writ appeals were filed and a Division Bench
of this Court in Veluchamy v. Secretary, University Grants Commission
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and Others [WA(MD)No.259 of 2023, etc Batch dated 07.12.2023] has
directed the Government to take a decision on whether the said degree can
be considered for the purpose of incentive increment or not. The relevant
portions are extracted as under:
“13. In either of the circumstances, we will be interfering with the
policy decision of the Government to grant incentive increment to the
teachers. Therefore, it would be appropriate for us to refer the matter to
the Government for taking a clear decision whether to recognize the
M.Phil.,Degree obtained under the Summer Sequential Programmes
conducted by Alagappa University as a valid Degree for the purpose of
grant of incentive increment. Further, on going through the Rules, the
M.Phil., Course under the Summer Sequential Programmes is a part-
time course or not itself is not clear. In view of the said ambiguity, we
are unable to form a concrete opinion whether the M.Phil., Course under
Summer Sequential Programmes conducted by Alagappa University
falls under the part-time course or under the full-time course.
14. In view of the facts and circumstances, we pass the following
orders:
... ... ...
(ii) The matter is remanded back to the Government for taking
decisions on the equivalence and the validity of the M.Phil., Degree
obtained by the writ petitioners / teachers under the Summer
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Sequential Programmes conducted by Alagappa University and to
take a decision, whether the said Degree is to be considered for the
purpose of grant of incentive increment or not.
(iii) The Government is expected to decide the issues as
expeditiously as possible, preferably within a period of four months
from the date of receipt of a copy of this Judgment.”
11.Therefore, only based on the above directions of this Court, the
issue was referred to the Equivalence Committee constituted by the
Government. This Equivalence Committee headed by the Secretary to the
Government, Higher Education Department was constituted vide G.O.
(Ms.)No.93, Higher Education (K2) Department dated 30.05.2019 for the
purpose of considering the issue of equivalence of courses for the purpose
of employment in public services. This government order also empowered
the Tamil Nadu State Council for Higher Education to constitute a
committee with concerned chairpersons of the Board of Studies, to take up
unit wise comparison of the syllabus of the courses to decide on
equivalence.
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12.It is relevant to note that the 27 Equivalence committee in its
meeting dated 13.09.2024 has decided that the M.Phil (SSP) offered by the
Alagappa University is not equivalent to the Regular M.Phil degree for the
purpose of awarding incentives to the teachers working in schools, based
on the views of the Board of Studies/ Subject matter experts. It was opined
by the Board of Studies that the M.Phil (SSP) Course was not complying
with the 2016 UGC Regulations. Subsequently, the Government has issued
G.O.(Ms.)No.170, Higher Education (K1) Department dated 24.09.2024
approving the decision of the Equivalence Committee.
13.It is a settled position that this Court is not an expert body for the
purpose of forming an opinion regarding the equivalence of degrees. In
Anand Yadav v. State of U.P [(2021) 12 SCC 390] , the Hon'ble Supreme
Court held that Courts cannot sit as a Court of Appeal over the decision of
experts in academic matters such as eligibility and equivalence. The
relevant portions are extracted hereunder:
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“34. We may notice that it is not as if a person with an MEd
degree is eligible for all the posts which were advertised for Science, Arts
and others. Their eligibility has been found only for the post of Assistant
Professor (Education), which is directly relatable to the subject to be
taught. We do not think the fact that both MEd and MA (Education)
degree-holders have to take a common test for the purposes of NET is
conclusive, but it is one of the factors to be considered, and once the
expert body being NCTE, inter alia, has taken that aspect into
consideration apart from other factors to opine equivalence for the
purpose of appointment to the post of Assistant Professor in Education,
it would not be appropriate to take a contra view.
35. We say so in view of the fact that matters of education must be
left to educationists, of course subject to being governed by the relevant
statutes and regulations. It is not the function of this Court to sit as an
expert body over the decision of the experts, especially when the experts
are all eminent people as apparent from the names as set out. This aspect
has received judicial imprimatur even earlier and it is not that we are
saying something new. We may refer to the pronouncement in Zahoor
Ahmad Rather [Zahoor Ahmad Rather v. Imtiyaz Ahmad, (2019) 2 SCC
404 : (2019) 1 SCC (L&S) 353] in this behalf which has dealt with the
dual aspects : (a) it is for the employer to consider what functionality of
qualification and content of course of studies would lead to the
acquisition of an eligible qualification; and (b) such matters must be left
to educationists.
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... ... ...
37. ... If the two degrees are identical, there is no question of
equivalence. The issue of equivalence only arises when there are two
different degrees and what is to be decided whether for certain purposes
they can be treated as equivalent. This is exactly what has happened as a
result of the respective expert committees set up by Respondents 2 & 5.
The employer i.e. Respondent 2, had accepted the recommendation of the
expert committee. The UGC has also taken a stand that insofar as the
two degrees are concerned, both are postgraduate degrees, and the
equivalence authority being Respondent 5 has also opined on the basis of
an expert committee, that the two can be treated as equivalent for the
post of Assistant Professor in Education. Thus, it is neither for the
contesting party i.e. Respondent 3, nor for this Court to sit as a court of
appeal over the decision of the experts. ...”
14.As noted above, an expert body viz., the Equivalence Committee
based on the opinion of subject experts has determined that the M.Phil
(SSP) Degree offered by the Alagappa University is not equivalent to the
Regular M.Phil Degree for the purpose of granting incentive increment. In
the absence of any extreme irrationality or arbitrariness, this Court cannot
substitute its own views for the views of this expert body.
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15.The primordial contention of the petitioners is that the Equivalence
Committee, in its previous meetings, had found that this course was
equivalent to the regular M.Phil Degree and hence, it cannot change its
opinion in such a manner. However, a perusal of the minutes of the
meetings reveal that even in the previous meeting of the Equivalence
Committee dated 07.05.2024, serious doubts were raised regarding whether
the M.Phil (SSP) Course offered by the Alagappa University was equivalent
to the regular M.Phil course. The relevant portions of the minutes of the
meeting is extracted as under for reference:
“The Committee unanimously recommends as follows;
It appears that Alagappa University had started M.Phil., Summer
Sequential Programme (SSP) to enable teachers who are in service to
improve their qualification and thereby help them to get possible
financial benefits.
Having gone through the issue, the Committee unanimously
resolved as follows:
1.Mode of conduction of M.Phil.,(SSP) was totally different from
that of the minimum conditions prescribed by the UGC for the award of
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M.Phil.,degree. Therefore, M.Phil.,(SSP) does not stand a chance to be
considered as equivalent to M.Phil.,(Regular).
2.Comparison of the syllabus between M.Phil.,(SSP) & M.Phil.,
(Regular) cannot be taken up by the Committee as it has to be carried
out by the Individual Subject Experts Committee. As there were two
Subjects Experts for Physical Education in the Committee, it was found
that syllabus for M.Phil.,(SSP) for Physical Education was equivalent to
M.Phil.,(Regular). However, other conditions like the duration of class
hours were not equivalent and M.Phil.,(SSP) & M.Phil.,(Regular).
Comparison for other subjects should be carried out by individual
Subject Expert Committees.
3.Given the M.Phil.,(SSP) does not qualify for equivalence to
M.Phil.,(Regular) as per UGC's mandatory guidelines, the Committee
concluded that equivalence cannot be given with M.Phil.,(Regular).
4.Notwithstanding the eligibility to be considered for the
equivalence with M.Phil.,(Regular), however, the Committee
recommends that being a degree offered for a specific purpose, the
Government at its discretion, may still consider the degree as a
sufficient qualification for the purpose of awarding financial benefits
such as Increments/ Incentives to the Teachers working in schools.”
16.Therefore, the Expert Committee has clearly stated that the mode
of conduct of this course is different from the minimum conditions
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prescribed by the UGC for the award of M.Phil degree and that this course
cannot be considered to be equivalent to the regular M.Phil degree.
However, the Committee has opined that the Government, in its discretion,
may consider the degree as sufficient for granting incentive increment to
the teachers working in schools. Thereafter, the Equivalence Committee has
decided that even for the purpose of granting incentive increment to the
teachers, this course is not equivalent to the Regular M.Phil degree. Hence,
it cannot be termed as an arbitrary or unreasonable decision, warranting
the interference of this Court.
17.The Expert Committee has also clearly stated that this course was
started to enable the teachers to improve their qualification and get possible
financial benefits. Such an object is wholly incompatible with the objectives
behind providing incentive increment to the teachers. It is relevant to note
that the concept of incentive increment did not originate as a service benefit
attached to every higher qualification acquired by a Government servant.
Rather, it emerged as a policy measure intended to encourage Government
servants to acquire specialised knowledge and qualifications that would
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enhance their efficiency in public service. In the case of teachers, the
Government recognised that acquisition of higher qualifications would
improve the quality of classroom instruction and ultimately strengthen the
education system. It is for this reason that the Government introduced the
scheme of incentive increments to teachers through GO.Ms.No.42,
Education Department, dated 10.01.1969.
18.An incentive, by its very nature, is a reward extended by the
employer to encourage excellence, improve efficiency, or promote the
acquisition of knowledge and skills that advance the interests of public
administration. The Cambridge English Dictionary defines the expression
"incentive" as "something that encourages a person to do something by offering
them a reward." The definition itself indicates that an incentive is intended
to encourage a desired course of action by rewarding it. Therefore, the
grant of an incentive increment cannot be treated as an automatic
entitlement merely because a Government servant has acquired a higher
educational qualification.
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19.A Division Bench of this Court in R.Sakthivel v. The Secretary to
Government, Education Department and Others [W.A. (MD)No.910 of 2022
dated 24.08.2022] held that the object of granting incentive increments is to
encourage teachers to acquire qualifications that would be beneficial to the
students. The relevant observations read as follows:
“13. The appellant submitted that the object of granting incentive
increment is to lift the morale of the teachers. But the Government states
that the object of granting incentive increment is to encourage the
Teachers to qualify themselves, so that their qualification would be
beneficial to the students. In the present case the petitioner was working
as Secondary Grade Teacher taking class for students from 1 to 5
standards and the qualification of M.Sc. Physics would not be beneficial
to the students studying in the standards 1 to 5. Therefore, the
Government is right in denying the incentive increment for higher
qualifications when the higher qualification is not beneficial for the
students studying in the standards 1 to 5.”
The principle laid down by the Division Bench squarely applies to the facts
of the present case.
20.This Court has also taken a similar view in Arul Rani vs. State of
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Tamil Nadu [W.P.(MD)No.15098 of 2020 dated 16.03.2023] , wherein
recovery of the incentive increment granted to a Secondary Grade Teacher
for acquiring M.A. and M.Phil. qualifications was upheld. This Court
observed as follows:
"15. ... An incentive must be a reward to encourage a worker, who
is performing better than the others. It must be depending upon the
performance and not on possession of any degree alone."
21.Black's Law Dictionary (2nd Edition) defines "incentive
compensation" as "payments in excess of agreed wages; a bonus and profit
sharing as an incentive for good performance." This definition reinforces the
principle that an incentive is linked to the benefit expected by the employer
and not merely to the possession of an additional qualification. In the case
of teachers, the knowledge and skills acquired through the higher
qualification must have a direct bearing on the teaching duties discharged
by them and should ultimately enure to the benefit of the students. Mere
acquisition of an additional qualification, without any corresponding
educational benefit to the students or the institution, cannot, by itself,
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confer a right to claim an incentive increment.
22.Applying the above principles to the facts of this case, the
petitioners have attended a part-time M.Phil course for which the duration
of attendance is only 45 days during the first summer and 10 days between
July and December of the same year. The nature of this course is not the
same as that of the regular M.Phil Course. The petitioners have not justified
as to how they are using the knowledge gained in such a part-time course
for the benefit of the students.
23.It is also relevant to note that as per UGC Public Notice in Letter
No.F.9 –3/2016 (CPP-II) dated 19.07.2016, the equivalence of the degree is
not determined by the UGC and in cases of employment, promotion, etc.,
the equivalence shall be determined by the employing organization. In the
present case, the State Government, being the employer of the petitioners,
has determined the issue of equivalence against the petitioners for the
purpose of granting incentive increment.
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24.In view of the object underlying the scheme of incentive
increments, the decision of the Expert Committee and the principles laid
down in the above decisions, this Court finds no infirmity with the
impugned government order and consequential directions issued by the
respondents. Therefore, these writ petitions are dismissed. The
Government is directed to ensure that the pay of not only the petitioners,
but the pay of all the teachers who were provided with incentive increment
on the basis of the M.Phil (SSP) Degree offered by the Alagappa University
is refixed and the increments already paid is recovered in accordance with
the law. Connected miscellaneous petitions are closed. No costs.
Internet : Yes 06.07.2026
Index : Yes / No
NCC : Yes / No
gk
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To
1.The Principal Secretary to Government,
State of Tamil Nadu,
School Education Department,
Fort St.George,
Secretariat,
Chennai – 600 009.
2.The Additional Chief Secretary to Government,
Higher Education (K1) Department,
Chennai – 600 009.
3.The Director of School Education,
DPI Campus,
Nungampakkam,
College Road,
Chennai – 6.
3.The Member Secretary (i/c),
Tamil Nadu State Council for Higher Education,
Chennai – 5.
4.The Finance Advisor and Chief Accounts Officer,
School Education Department,
Chennai – 6.
5.The Joint Director of School Education (Vocational),
Department of School Education,
Chennai – 6.
6.The Chief Educational Officer,
O/o.Chief Educational Office,
Pudukottai,
Pudukottai District.
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7.The Chief Educational Officer,
Chief Educational Office,
Sivagangai,
Sivagangai District.
8.The Chief Educational Officer,
District Project Office,
Samagra Shiksha,
Marudhupandian Nagar School Campus,
Sivagangai, Sivagangai District – 630 562.
9.The Chief Educational Officer,
District Project Office,
Samagra Shiksha,
Tallakulam, Madurai,
Madurai District – 625 002.
10.The Chief Educational Officer,
District Project Office,
Samagra Shiksha,
Collectorate Old Building First Floor,
Collectorate Campus,
Ramanathapuram District – 623 503.
11.The District Educational Officer (Secondary),
O/o.District Educational Office (Secondary),
District Collectorate Campus,
Sivagangai, Sivagangai District.
12.The District Educational Officer (Elementary),
O/o.District Educational Office (Elementary),
District Collectorate Campus,
Sivagangai,
Sivagangai District.
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13.The District Educational Officer (Elementary),
O/o.District Educational Office (Elementary),
th
6 Ward, Government High School Campus,
Othakkadai,
Devakottai, Sivagangai District.
14.The District Educational Officer (Secondary),
District Educational Office,
Sivagangai,
Sivagangai District.
15.The District Educational Officer (Secondary),
O/o.District Educational Office (Secondary),
Melur, Madurai,
Madurai District.
16.The District Educational Officer (Secondary),
O/o.District Educational Office (Secondary),
Pudukottai,
Pudukottai District.
17.The Block Education Officer – II,
O/o.Block Education Office – II,
Mathakovil Street,
Ilayangudi,
Sivagangai District – 630 702.
18.The Block Education Officer – II,
O/o.Block Education Office – II,
Ramnagar,
Devakottai,
Sivagangai District – 630 314.
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19.The Block Education Officer,
O/o.Block Education Officer,
Pudukottai District Collectorate,
Sri Pragathambal Government High School Complex,
Pudukottai – 622 001.
20.The Correspondent,
Ilayangudi Higher Secondary School,
Government Aided Minority School,
Ilayangudi – 630 702,
Sivagangai District.
21.The Correspondent,
K.M.S.C. Girls Higher Secondary School,
Nattarasankottai,
Sivagangai District.
22.The Correspondent,
Hajee K.K.Ibrahim Ali Higher Secondary School,
Pudhur, Ilayangudi Taluk,
Sivagangai District.
23.The Correspondent,
O.Ve.Se. Higher Secondary School,
Manamadurai,
Sivagangai District.
24.The Headmaster,
Government Higher Secondary School,
Malaiyur, Pudukottai District.
25.The Headmaster,
Government High School,
Poyyavayal,
Sivagangai District.
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26.The Headmaster,
Government High School,
Kadalkudi,
Thoothukudi District.
27.The Headmaster,
Government Higher Secondary School,
Idaikattur,
Sivagangai District.
28.The Headmaster,
Government Higher Secondary School,
Anumanthakudi,
Sivagangai District.
29.The Headmaster,
Government Higher Secondary School,
V.Malampatti,
Sivagangai District.
30.The Headmaster,
Government Higher Secondary School,
T.Siruvanoor,
Sivagangai District.
31.The Headmaster,
Government Higher Secondary School,
Ulagampati,
Sivagangai District.
32.The Headmaster,
Government Higher Secondary School,
S.Velangudi,
Sivagangai District.
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33.The Headmaster,
Government Higher Secondary School,
Eriyur,
Sivagangai District.
34.The Headmaster,
Government Higher Secondary School,
Kambur,
Madurai District.
35.The Headmaster,
VNT Government Higher Secondary School,
Shanmuganathapattinam,
Sivagangai District.
36.The Headmaster,
Government Higher Secondary School,
Keelakandai,
Sivagangai District – 630 561.
37.The Headmaster,
Government High School,
Ladanenthal – 630 611,
Sivagangai District.
38.The Headmaster,
Government High School,
Karumanthagudi,
Sivagangai District.
39.The Headmaster,
Government Girls Higher Secondary School,
P.Alagapuri,
Pudukottai District.
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40.The Headmaster,
Government Higher Secondary School,
Kannangudi,
Devakottai Taluk,
Sivagangai District.
41.The Secretary,
University Grants Commission (UGC),
Bahadur Shah Zafar Marg,
New Delhi.
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B.PUGALENDHI, J.
gk
WP(MD)Nos.22995, 24479, 25378, 27033 to 27038, 27582, 28019, 28134,
28440, 29018, 30520 of 2024;
1147, 2653, 7154, 8502, 18700 to 18703, 18757, 33320 to 33323 of 2025
06.07.2026
79/79
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/07/2026 02:23:47 pm )