← Library
Madras High CourtWP/2018/2019disposed of

S.Subbaiah Chettiar v. The Tamil Nadu Teacher

2019-04-04Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.04.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.2018 of 2019 M.A.S.Subbaiah Chettiar Educational and Charitable Trust, Rep. by its Chairman, No.7, 3rd Cross Street, West C.I.T. Nagar, Chennai - 600 035.

.. Petitioner Vs.

The Tamil Nadu Teacher Education University, Rep. by its Registrar, Gangaiyamman Koil Street, Karappakkam, Chennai - 600 007.

.. Respondent PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to grant eligibility for the 59 students admitted in the petitioner college for the academic year 2018-2019 for the B.Ed. Course.

For Petitioner : Mr.Ashvathaman For Respondents: Mrs.P.Rajalakshmi Additional Government Pleader

O R D E R

The petitioner has come up with this Writ Petition seeking a direction to the respondent to grant eligibility for the 59 students admitted in its college for the academic year 2018-2019 for the B.Ed. Course.

2. The facts of the case is that the petitioner trust has been running the B.Ed. and M.Ed. course in the Mass College of Education, Thanjavur District. The petitioner college has obtained the recognition for the course of B.Ed. (Additional

Intake) on 03.03.2015 and B.Sc. B.Ed. (Integrated) on 08.05.2016 from National Council for Teacher Education (NCTE). When the petitioner college has applied for the affiliation for the above courses before the respondent, the respondent-University has rejected the applications. Since, the orders passed by the respondent are against the settled decision in Maa Vaishno devi Mahila Mahavidhyalaya vs. State of U.P., the petitioner college has filed writ petitions in W.P.No.24141 of 2018 with regard to the course of B.Ed. (Additional Intake) and W.P.No.24894 of 2018 with regard to the course of B.Sc. B.Ed. (Integrated), challenging the orders passed by the respondent rejecting the application for affiliation and the writ petitions are pending before this Court.

3. After hearing the parties for some time, it is pointed out that the respondent had directed the petitioner college to submit the documents with respect to the educational certificates on or before 26.12.2018 for verification to grant eligibility to students admitted. Accordingly, the petitioner college had appeared before the authorities on 26.12.2018. It is stated that the authorities refused to verify all the forms and rejected the same. It is stated that the petitioner pleaded the officials to verify the certificates, however, for the said request, they turned a deaf ear. Therefore, the petitioner college was forced to furnish all the photostat copies pertaining to B.Ed. Staff for Approval by Speed Post to the University. However, there is a response from the respondent vide communication letter dated 11.01.

2019 stating that, in the absence of original educational/NET/Ph.D. Certificates, Community Certificates, etc., the request of the petitioner college could not be considered and they have returned the proposal for the same reason. Aggrieved by the behaviour of the respondent, the above writ petition is filed seeking a direction to the respondent to grant eligibility for the 59 students admitted in the petitioner college for the academic year 2018-19 for the B.Ed. Course.

4. After hearing the learned counsel for the petitioner for some time, the learned Additional Government Pleader submitted that the respondent would verify the educational certificates and documents to grant eligibility to students, if the petitioner once again produces all the documents as required in the communication dated 12.12.2018 vide letter No.TNTEU/R/Elig./2018/367.

5. Accordingly, the petitioner college is directed to produce the original certificates before the respondent on or before 12.04.2019 and on receipt of the same, the respondent is directed to consider and pass orders on merits and in accordance with law on or before 24.04.2019.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To The Registrar, Tamil Nadu Teacher Education University, Gangaiyamman Koil Street, Karappakkam, Chennai - 600 007.

+1cc to Mrs.P.Rajalakshmi, Advocate sr.32807 +1cc to Mr.Ashvathaman, Advocate sr.no.32516 W.P.No.2018 of 2019 nr 05/04/2019