Saithanibi College Of Education v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-03-2025
CORAM
THE HONOURABLE MRS JUSTICE N. MALA WP NO. 5198 of 2025 Saithanibi College of Education, Represented by its Secretary, G.Hydar, Kilpennathur Road, Avalurpet Village, MelamlaiyanurTaluk, Villupuram District -60420 ..Petitioner Vs The Registrar, Tamil Nadu Teacher Education University, Karapakkam, Chennai-600097.
..Respondent Prayer : Writ petition is filed under Article 226 of Constitution of India, praying for writ of mandamus, directing the respondent to enable and open the online admission Web Portal of the respondent university to enable the petitioner to furnish the details of the admitted 42 students for the academic year 2024-2025 and pass any such further or other orders. For Petitioner: Mr.R.Kannan For Respondent: Mr. D.Ravichander
ORDER
Seeking directions to the respondent to to enable and open the on line admission Web Portal of the respondent/University to enable the petitioner to furnish the details of 42 students admitted for the academic year 2024-2025, the present writ petition has been filed.
Brief Facts of the Case:
2. The petitioner college, which has been offering B.Ed. course since 2009, admitted 62 students for the academic year 2024-2025, based on continuous affiliation granted by the respondent. The admission process began in June 2024. However, when the college tried to upload the students' details on the university's online portal, they faced technical issues and so the students details could not be uploaded. The petitioner informed the respondent immediately over the phone and sent a written communication on 10.12.2024, expressing the petitioner's inability to upload the student details in the University's online portal. The respondent assured that the petitioner's grievance would be looked into by the three member Committee formed by the University. However, without seeking any clarification from the petitionercollege, the respondent outright rejected the aforesaid communication by order dated 31.12.2024, which was received only in the second week of January 2025, by the petitioner college. Feeling aggrieved by the said decision, the petitioner filed the present Writ Petition.
3. Learned counsel for the petitioner submitted that before the show cause notice was issued by the respondent, the petitioner college had admitted 46 students. Since the said cause notice was received in the middle of the academic year, the petitioner college requested the respondent university to conduct the inspection and accordingly, on 23.08.2024, an inspection team of the respondent conducted the inspection and submitted a report pointing out certain deficiencies.
4. Learned counsel for the petitioner further submitted that the defects pointed out by the inspection team were rectified and the same was conveyed to the respondents. As the respondent/University did not reply to the petitioner's communication regarding the rectification of the defects, the petitioner admitted students. The learned counsel for the petitioner further submitted that though a majority of the members of the committee agreed with the petitioner, the respondent rejected the petitioner's request, without any justification, which is not only arbitrary but affects the rights of the individuals.
5. Heard both sides and perused the materials available on record.
6. Admittedly, the petitioner-college has not obtained continuation of provisional affiliation for admitting students for the academic year 2024-25. Pursuant to the petitioner's application, an inspection was conducted on 23.08.2024, and during the inspection, certain defects were pointed out by the inspection team, for which the petitioner was issued a show-cause notice.
7. According to the respondent, after the issuance of the first show-cause notice, the discrepancies pointed out were not rectified. Hence, the respondent issued a second show-cause notice to rectify the said defects. Even though the learned counsel for the petitioner submitted that the defects pointed out by the inspection team were rectified, the learned counsel for the respondent denies the same.
8. Be that as it may, the petitioner admitted/enrolled students without obtaining the continuation of Provisional Affiliation for the academic year 2024-2025 to 2026-2027. Hence, in my view the prayer of the petitioner cannot accepted. However, considering the fact that the petitioner's application is kept
pending without any final decision thereon by the University, I am of the view that under the facts and circumstances of the case, it would be appropriate to issue the following directions to the respondent/University; i. The respondent/University shall conduct fresh inspection of the petitioner college to find out if the defects pointed out by it were rectified.
ii. Based on the inspection report, the respondent/University shall without further delay decide finally the petitioner's application for provisional affiliation.
iii. In any event, the entire exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.
10. With the above directions, the writ petition is disposed of. No costs. 20-03-2025 Index : Yes/No Internet : Yes/No ak
N. MALA, J.
ak To The Registrar, Tamil Nadu Teacher Education University, Karapakkam, Chennai-600097.
WP NO. 5198 of 2025 25.03.2025