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Madras High CourtWP/7257/2023disposed of

Vinova Jacob Santhosh.V v. The Registrar

2023-03-10Honourable Mr Justice M.Dhandapani10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2023

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.Nos.7300 & 7302 of 2023 1.Vinova Jacob Santhosh.V 2.A.Ananthi 3.A.Archana 4.R.Aswini 5.S.Dhanalakshmi 6.T.Divya Bharathi 7.B.Gavaskar 8.C.Gayathri 9.J.Gayathri 10.A.Gayathri 11.A.Geetha 12.S.Giridharan 13.R.Gokul 14.R.Gopika 15.E.Hariharan 16.S.Hemalatha 17.Heshwanthi 18.J.Jayachitra 19.V.Jayalakshmi 20.R.Komala 21.D.Malathi 22.A.Malathi 23.M.Manikandan 24.R.Manju

25.D.Mohan 26.A.Monisha 27.N.Nagendiran 28.M.Parthasarathy 29.M.Parvathi 30.B.Piruthviraj 31.G.V.Pooja 32.S.Pradheep kumar 33.S.Premkumar 34.P.Priyanka 35.R.Rajeshwari 36.S.Reshma 37.S.Sandhiya 38.P.Sarankumar 39.S.Sathiyavath 40.S.Sentamil Selvi 41.B.Shayira Begam 42.M.Sugumar 43.T.Tamilselvan 44.R.Theerthasamy 45.S.Thenmozhi 46.D.Udhayakumar 47.P.Vinolin Kamesh 48.K.Chandra Baskar 49.A.Aishwariya 50.M.S.Ajitha 51.S.Bharath 52.A.Devi 53.S.Gunavanthi 54.M.Hamavathi 55.D.Janaki 56.S.Jothi 57.N.Krishna Kumar 58.P.Lavanya 59.P.Monika 60.B.Preetha

61.S.Nithya 62.P.Premkulmar 63.G.Priya 64.S.Rajathi 65.M.Ranjith kumar 66.M.Sathya 67.P.Swaran 68.K.Swetha 69.S.Swetha 70.V.Vaishalini 71.R.Velu 72.K.Vijayakumari 73.S.Vikjayaselvarani 74.S.Vimal Kumar 75.D.Vinod 76.M.Yuvaraj 77.S.Ganapathi .. Petitioners Vs.

1. The Registrar, Tamilnadu Teachers Education University, Gangaiamman Koil Street, Karapakkam, Chennai-600 097.

2.The Commissioner of School Education, D.P.I.Complex, College Road, Chennai-600 008.

3.The Correspondent, Kalaibharathi B.Ed College, Padmapuram Village, Erumbi Post, Pallipet Taluk, Thiruvallure District-631302 .. Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ or Order or Direction more particularly a Writ of Mandamus, to direct the 1st respondent herein to publish the result of the 1st semester examination insofar as the petitioners 49 to 77 are concerned, allow all the petitioners to participate in the 2nd semester examination. For Petitioners : Mr. G.Sankaran for M/s.J.Jayendrakrishnan For Respondents : Mr.E.Veda Bagath Singh Special Government Pleader for R1 & R2 : M/s.S.Buvaneswari for R3

O R D E R

This Writ Petition has been filed seeking a direction to the 1st respondent to publish the result of the 1st semester examination with respect to the petitioners 49 to 77 and allow all the petitioners to participate in the 2nd Semester examination.

2. It is the case of the petitioners that the 3rd respondent college which holds recognition for conducting B.Ed course since 2007, was issued with a show cause notice dated 22.08.2019 calling upon to submit certain documents. Though the documents sought for in the said notice were submitted along with a reply, however, the recognition which was granted to the 3rd respondent college was withdrawn by the Southern Regional Committee of the National Council for Teacher Education vide order dated 21.02.2020, against which, W.P.No.13418 of 2020 was filed before this Court which was disposed of with a direction to the 3rd respondent college to prefer an appeal, pursuant to which, appeal was preferred. However, the said appeal was rejected vide order dated 25.02.2022. As against the said rejection order, W.P.(C).No.8480 of 2022 was filed before the Delhi High Court which was allowed, pursuant to which, continuous recognition was granted to the 3rd respondent college vide order dated 25.07.2022.

3. In the meantime, the petitioners were admitted for B.Ed Course in the 3rd respondent college for the academic year 2021-2023 but, they were

not allowed to appear for the 1st semester Examination, which resulted in filing of Writ Petition before this Court in W.P.No.4500 of 2022, in which an interim order came to be passed, pursuant to which, the petitioners were allowed to participate in the said Examination, however, the results for the said Examination were published only in respect of the petitioners 1 to 48 and the results were not published with respect to the other petitioners. Thereafter, the 2nd semester examination came to be scheduled on 15.07.2022 in which the petitioners were not allowed to participate, as continuous recognition was granted only subsequent to the scheduling of the 2nd semester Examination. Subsequently, the circular for teaching practice also came to be issued on 18.02.2023.

In the above circumstances, the petitioners made a collective representation before the 1st respondent on 21.02.2023 seeking permission to participate in teaching practice as well to write the 2nd semester examination. However, till date, no action has been taken on the said representation. Hence, the present petition has been filed.

4. Learned counsel for the petitioners submitted that in view of the aforesaid circumstances, this Court may issue a direction to the 1st

respondent to permit the petitioners to participate in the 2nd semester examination and further allow them to participate in teaching practice.

5. Learned Special Government Pleader submits that the petitioners herein who are the students of the 3rd respondent College would be allowed to participate in the 2nd semester Examination and thereafter they will be allowed to participate in teaching practice.

6. In view of the aforesaid submissions and the relief sought for in this Writ Petition, this Court, without going into the merits of the case, is inclined to issue a direction to the 1st respondent to permit the petitioners to participate in the 2nd semester Examination and thereafter allow the petitioners to appear for the 3rd semester (i.e., participation in Teaching practice). If the petitioners want to participate in the arrears examination of the 1st semester, they are at liberty to make appropriate application for the same before the 1st respondent. On such application being filed, the 1st respondent shall consider the same and allow the petitioners to participate in the said examination.

7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition stands closed.

10.03.2023 NHS Note to Office :

Issue order copy on 16.03.2023 To

1. The Registrar, Tamilnadu Teachers Education University, Gangaiamman Koil Street, Karapakkam, Chennai-600 097.

2.The Commissioner of School Education, D.P.I.Complex, College Road, Chennai-600 008.

3.The Correspondent, Kalaibharathi B.Ed College, Padmapuram Village, Erumbi Post, Pallipet Taluk, Thiruvallure District-631302

M.DHANDAPANI, J.

NHS 10.03.2023