Madras High CourtWP/6339/2019disposed of

Usha Latchumanan College Of v. The Regional Director

2019-03-20Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.03.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.6339 of 2019 Usha Latchumanan College of Education, Run by SMG Anjalai Ammal Educational Society (Registration No.195/1993), Rep. by its President, Vazhapadiar Nagar, Thirukkanur, Puducherry - 605 501. .. Petitioner Vs.

1.The Regional Director, National Council for Teacher Education, Jnana Bharathi Campus Road, Opp. National Law School, Nagarabhavi, Bangalore - 560 072.

2.The Chairman, National Council for Teacher Education, Jnana Bharathi Campus Road, Opp. National Law School, Nagarabhavi, Bangalore - 560 072.

3.The Member Secretary, National Council for Teacher Education, (Head Quarters), New Delhi.

4.The Chairman, Center for CENTAC, Pondicherry Engineering College, Kalapet, Pondicherry.

5.The Registrar, Pondicherry University/ Bharath Rathna Dr.B.R.Ambedkar Administrative Building, R.V. Nagar, Kalapet, Puducherry.

.. Respondents

PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent herein to consider the representation dated 22.01.2019 and grant provisional recognition of the petitioner for B.A. B.Ed. integrated for years course for one unit with an annual intake of 50 students from the academic year 2019-20 onwards.

For Petitioner : Ms.AL.Ganthimathi For RR1 to 3 : Mr.R.Thirunavukarasu Central Govt. Standing Counsel For R4 : Mrs.N.Mala For R5 : Mrs.A.V.Bharathi

O R D E R

The writ petition has been filed seeking a direction to the first respondent herein to consider the representation dated 22.01.2019 and grant provisional recognition of the petitioner for B.A. B.Ed. integrated for years course for one unit with an annual intake of 50 students from the academic year 2019-20 onwards.

2. The facts of the case is that the petitioner is running a B.Ed. College (2 years) and intended to start 4 year Integrated Course as B.A. B.Ed., B.Sc. B.Ed. and applied for grant of provisional recognition for the academic year 2016-2017 to the first respondent. The application submitted by the petitioner was not considered by the first respondent. Hence, the petitioner filed a writ petition before this Court and the same was disposed of directing the first respondent to dispose of the petitioner's representation on merits. Thereafter, the application of the petitioner was scrutinized and certain deficiencies were pointed out. The petitioner rectified all the deficiencies and compliance was also duly reported to the first respondent. On 25.04.2017, the first respondent issued letter of intent for grant of recognition/permission for B.

A. B.Ed. Course with an annual intake of 100 students from the academic year 2017-2018. Thereafter, the petitioner submitted a representation dated 21.05.2018 requesting to issue provisional recognition order for the academic year 2018-19. The same was rejected by the first respondent on 20.09.2018. Aggrieved against the order, W.P.No.29783 of 2018 was filed by the petitioner and the same is still pending. While so, the petitioner made a representation dated 02.01.2019 and a reminder representation dated 22.01.

B.A. B.Ed. Course with annual intake of 50 students from 2019-20 academic year. However, the first respondent till date has not passed any order. Hence, this writ petition.

3. Heard the learned counsel appearing on both sides.

4. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the first respondent to consider the petitioner's representation dated 22.01.2019 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of three weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rsi To 1.The Regional Director, National Council for Teacher Education, Jnana Bharathi Campus Road, Opp. National Law School, Nagarabhavi, Bangalore - 560 072.

2.The Chairman, National Council for Teacher Education, Jnana Bharathi Campus Road, Opp. National Law School, Nagarabhavi, Bangalore - 560 072.

3.The Member Secretary, National Council for Teacher Education, (Head Quarters), New Delhi.

4.The Chairman, Center for CENTAC, Pondicherry Engineering College, Kalapet, Pondicherry.

5.The Registrar, Pondicherry University/ Bharath Rathna Dr.B.R.Ambedkar Administrative Building, R.V. Nagar, Kalapet, Puducherry.

+1cc to M/s.A.L.Ganthimathi, Advocate, S.R.No.26458 +1cc to Mr.R.Thirunavukkarasu, Advocate, S.R.No.26520 +1cc to Mr.A.V.Bharathi, Advocate, S.R.No.26133 W.P.No.6339 of 2019 GJ-II(CO) RRS(24/04/2019)