Sriram Nallamani Yadav Teacher v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :09.01.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.24245 of 2006 and W.P.M.P.No. 2 of 2006 Sriram Nallamani Yadav Teacher Training Institute, Rep. by its Correspondent, N.N. Nallamani Konar, Kanjarampettai, Madurai-625 014 ..Petitioner vs

1. The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai-600 009.

2. The Secretary to Government, Higher Education Department, Government of Tamil Nadu, Fort, St. George, Chennai -600 009.

3. The National Council for Teacher Education, Rep. by its Member Secretary, Hans Bhavan, Wing-II, New Delhi-110 002.

4. The Regional Director, National Council for Teacher Education, Southern Regional Committee, First Floor, C.S.D. Complex, H.M.T. Township, Bangalore-31.

5. The Director of Teacher Education, Research & Training, Government of Tamil Nadu, D.P.I. Campus, Chennai 600 006.

.. Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari or any other appropriate writ order or direction in the nature of a writ calling for the records in respect of the impugned Government order in G.O.Ms.No.90 School Education (UI) Department dated 21.6.2006 issued by the 1st respondent and quash the same as illegal, unconstitutional and void in so far as it relates to the petitioner is concerned.

For Petitioner :Mr. M. MD. Ibrahim Ali For Respondents:Mr. A. Rajaperumal, Additional Government Pleader for R1, R2 and R5.

Mr. J. Harikrishna, Senior Counsel for NCTE for R3 and R4

O R D E R

An order passed by the Government In G.OMs.No.90, School Education (UI), Department dated 21.06.2006 is under challenge in the present Writ Petition.

2. The order impugned in the present Writ Petition states that the High Level Enquiry Committee appointed shall conduct the enquiry/inspection in respect of the infrastructure facilities and other requirements which are all to be provided for the purpose of running the Teacher Training Institute.

3. Conducting of an inspection/enquiry is a statutory requirement and the Government is empowered to appoint High Level Enquiry Committee for the purpose of conducting the inspection/enquiry to verify the infrastructure and other facilities to be provided by the Teacher Training Institute. At the time of grant of approval/recognition, such a policy decision taken by way of appointing such High Level Enquiry Committee cannot be a ground for filing the present Writ Petition. The Committee so appointed is empowered to conduct inspection/enquiries in respect of the irregularities if any, committed by the Teacher Training Institute across the State.

4. The appointment of High Level Enquiry Committee could not be a cause of action to file the present Writ Petition. As far as the petitioner is concerned, they are not an aggrieved person, in view of the fact the the impugned G.O.Ms.No.90, School Education (UI), Department dated 21.06.2006, only relates to the appointment of High Level

Enquiry Committee for conducting an inspection/enquiry. This being the factum of the case, the causes set out in the present Writ Petition deserves no merits consideration and accordingly stand dismissed. No costs. Consequently connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar mrn To

1. The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai-600 009.

2. The Secretary to Government, Higher Education Department, Government of Tamil Nadu, Fort, St. George, Chennai -600 009.

3. The National Council for Teacher Education, Rep. by its Member Secretary, Hans Bhavan, Wing-II, New Delhi-110 002.

4. The Regional Director, National Council for Teacher Education, Southern Regional Committee, First Floor, C.S.D. Complex, H.M.T. Township, Bangalore-31

5. The Director of Teacher Education, Research & Training, Government of Tamil Nadu, D.P.I. Campus, Chennai 600 006.

+1 CC to Mr.J.Hari Krishna, advocate sr 2625. +1 CC to Govt. Pleader sr 3233.

W.P.No.24245 of 2006 and W.P.M.P.No. 2 of 2006 SP(08/02/2019)