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Madras High CourtWP/11193/2019disposed of

Bhavani College Of Education v. The Tamil Nadu Teacher Education University

2019-04-12Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2019

CORAM

THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA W.P.No.11193 of 2019 and W.M.P.No.11579 of 2019 Bhavani College of Education, Rep by its Correspondent, Mr.J.Narayanan Thiruvananthapuram Main Road, K.N.Pettai, Cuddalore 607 401

...Petitioner

--Vs-- The Tamil Nadu Teacher Education University Rep by its Registrar, Gangaiamman Kovil Street, Karapakkam, Chennai 600 097 ... Respondent Prayer: Writ petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent-University to grant affiliation to the petitionerCollege for the academic year 2019-20 in light of the Hon'ble Supreme Court judgment reported in 2013(2) SCC 617 in Maa Vaishno Devi Mahila Mahavidyalaya Vs.State of U.P. specifying the outer period of granting affiliation on or before 10th May every year to be adhered to.

For Petitioner : Mr.R.Kannan For Respondent : Mr.U.Venkatesan Standing Counsel

O R D E R

The prayer sought for in this Writ Petition is to direct the respondent-University to grant affiliation to the petitionerCollege for the academic year 2019-20 in the light of the Hon'ble Supreme Court judgment reported in 2013(2) SCC 617 in Maa Vaishno Devi Mahila Mahavidyalaya Vs.State of U.P. specifying the outer period of granting affiliation on or before 10th May every year has to be adhered to.

2. The petitioner-College has made an application to the National Council for Teacher Education for grant of recognition for B.Ed., Course. Earlier, the National Council for Teacher Education (NCTE) had sent a communication dated 27.02.2018 to the petitioner, directing them to comply with the certain procedures and granted Letter of Intent (LOI) for starting B.A. B.Ed. and B.Sc. B.ED., (4 year integrated course) from the academic year 2018-19 with an annual intake of 100 students. On receipt of the said LOI, the petitioner-College submitted all relevant records and complied with all conditions as imposed by the NCTE and the respondent also approved and accepted the same on 28.02.2018. The NCTE granted the recognition on the basis of the approval of the respondent-University on 03.03.2018.

After receiving the order of the recognition, the petitioner sent a representation on 05.04.2018 to the respondent for grant of affiliation, which was received on 09.04.2018. As per the directions of the Hon'ble Supreme Court, the affiliation should be granted on or before 10th May of each year. Though the petitioner was waiting for the affiliation, the respondent did not give the affiliation for the academic year 2018-2019. Despite the Letter of Intent given by the NCTE, the petitioner could not admit the students. Now, once again, for the academic year 2019-20, the petitioner has applied for grant of affiliation, which was responded by the respondent, calling upon them to file a list of documents and pointed out certain deficiencies to be complied with.

The petitioner had also complied with all the deficiencies and presented the compliance report on 14.03.2019.

3. Mr.U.Venkatesen, learned counsel, who accepts notice on behalf of the respondent-University, states that the petitioner had complied with all the norms and also the deficiencies pointed out prescribed by the University and that they would consider the case of the petitioner and pass appropriate orders.

4. Recording the said submission, this Court directs the respondent to consider the compliance report of the petitioner dated 14.03.2019 and pass appropriate orders on or before 30.04.2019.

5. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar srn

To The Registrar, Tamil Nadu Teacher Education University Gangaiamman Kovil Street, Karapakkam, Chennai 600 097 +1cc to Mr.R.Kannan, Advocate, S.R.No.36089 +1cc to Mr.U.Venkatesan, Advocate, S.R.No.36033 W.P.No.11193 of 2019 and W.M.P.No.11579 of 2019 SPD(CO) RRS(12/04/2019)