Prof. S.A. College Of Education v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.A.No. 161 of 2025 and CMP No.1144 of 2025 Prof. S.A. College of Education, No.1/145, Sardar Patel Road, Rajiv Gandhi Salai, Semmanchery, Chennai 600 119.
Represented by its Principal Mr. K. Gunasekaran ...Appellant Vs.
The Registrar Tamil Nadu Teachers Education University, Gangaiamman Koil street, Karapakkam, Chennai 600 097.
..Respondent Prayer : Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 13.12.2024 passed in WP No.38095 of 2024. For Appellant : Mr.G.Sankaran, Senior Counsel For M/s.S.Bharathi Rajan For Respondents : Mr.D. Ravichander Special Government Pleader **** 1/8
J U D G M E N T
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The order of the University refusing continued affiliation to the appellant College was challenged in the Writ Petition. The Writ Court had concluded that there is no ambiguity in the order and hence it does not require interference. The order rejecting affiliation refers to the following proceedings:
(i) Letter No.TNTEU/R/Cont.Affln./Inspn./2024/00370 dated 07.03.2024;
(ii) Resolution of the syndicate dated 17.07.2024; and (iii) Resolution of the syndicate in circulation dated 09.11.2024.
no other documents have been referred to and the order proceeds on the footing that the Inspection Committee which inspected the College has found that there are certain deficiencies and therefore, it does not recommend renewal of the affiliation. There is no other reason stated in the order impugned in the Writ Petition.
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2. Mr.G.Sankaran, learned Senior Counsel appearing for the appellant College would draw our attention to the official communication dated 23.04.2024 issued by the first respondent listing certain deficiencies that were pointed out by the Inspection Committee and requiring the appellant to produce the documents. The exact wordings in the said letter read as follows:
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3. In response to this, the appellant College had sent a mail to the address given in the communication dated 23.04.2024 annexing the documents on 07.05.2024. The impugned order does not refer to either the communication dated 23.04.2024 or the email of the appellant dated 07.05.2024. To our pointed query as to why these documents have not been considered, the learned counsel for the University would submit that there was no practice in the University to give further opportunity to the applicant College to rectify the defects pointed out by the Inspecting Team. As per the procedure followed by the University, the report of the Inspecting Team is placed before the Syndicate and upon the approval of the Syndicate orders are issued, either granting or refusing recognition.
4. The learned counsel would also point out that the demerits have been listed by the Inspecting Committee and those demerits have not been addressed in the letter dated 23.04.2024. While not disowning the letter dated 23.04.2024 it is stated by the learned counsel, on instructions from a Responsible Officer of the University, the existence of whom is highly 5/8
doubtful, that this letter might have been written at the behest of the appellant.
5. We are surprised by the conduct of this University. We find that these kind of illegalities happen particularly in the State run Universities in the recent past. We therefore direct the Chief Secretary, Government of Tamilnadu to look into the functions of this University and suggest ways and means to reform the personnel who are in Management of this University. Coming back to the case on hand, we find that the order of the University refusing recognition is vitiated by non-consideration of the explanation offered by the appellant.
6. The Writ Court has not gone into this question at all, it has plainly went by the order impugned in the Writ Petition. We are therefore unable to sustain either the order in the Writ Petition or the order impugned in the Writ Petition. Therefore, the order impugned in the Writ Petition refusing approval is quashed, the University will reconsider the matter in the light of the documents that has been placed before it vide the email dated 6/8
07.05.2024 and passed orders afresh within a period of 15 days from today.
7. The Writ Appeal is disposed of with the above observations. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
(R.SUBRAMANIAN, J.) (C.KUMARAPPAN, J.) 31.01.2025 jv Index : Yes/No : Yes/No Speaking order/Non Speaking order Note: Issue order copy on 06.02.2025 To The Registrar Tamil Nadu Teachers Education University Gangaiamman Koil street, Karapakkam, Chennai 600 097.
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R.SUBRAMANIAN, J.
and C.KUMARAPPAN, J.
jv W.A.No. 161 of 2025 31.01.2025 8/8