Madras High CourtWP/459/2007dismissed as infructuous

Shadrach Kalaiselvan v. The State Of Tamilnadu

2015-01-19Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.01.2015

CORAM:

THE HON'BLE MR. JUSTICE T. RAJA W.P. No. 459 of 2007 and M.P.Nos. 2 and 3 of 2007 Shadrach Kalaiselvan .. Petitioner Vs.

1. The State of Tamil Nadu, rep. by Secretary to Government, Education Department, Fort St.George, Chennai -9.

2. The University of Madras, rep. by Registrar, Chennai.

3. The Madurai Kamarajar University, rep. by its Registrar, Chennai.

4. The Bharathisadan University, rep. by its Registrar, Thiruchirapalli, Tamil Nadu.

5. The Director of Collegiate Education,

6. The Director of School Education,

7. The Commissioner of Employment and Training Chepauk, Chennai - 600 005.

8. The Teacher Recruitment Board, Fourth Floor, E.V.K.Sampath Maligai,

9. The District Employment Exchange, Thiruvallur District, Thiruvallur - 602 001.

10. Bhartiya Shiksha Parishad Department of Open & Distance Education, Lucknow, Uttarpradesh.

.. Respondents

PRAYER: Petition has been filed under section 226 of the Constitution of India to issue an order of Writ of Certiorarified Mandamus, to call for records relating to the order, dated 16.04.2002, passed by the seventh respondent, in Ma.Va.Su.No.13 of 2002 and to quash the same and consequently, to direct the ninth respondent to register the educational qualification of the petitioner, without seeking for production of evaluation certificate and pass further orders.

For petitioner : Mr.N.R.Anantharama Krishnan For respondents 1,5 to 9 :

Mrs.M.E.Rani Selvam Addl. Government Pleader For Respondent-2 :

Mrs.G.Thilagavathi For Respondents 3 &10 :

No appearance For Respondent-4 : Mr. V. Govardhan for M/s. Row and Reddy

O R D E R

This Writ Petition has been filed by Mr.Shadrach Kalaiselvan, under Article 226 of the Constitution of India, seeking a prayer for issuance of a Writ of Certiorarified Mandamus, to call for records relating to the order dated 16.04.2002, issued by the 7th respondent, in Ma.Va.Su.No.13 of 2002 and to quash the same with a consequential prayer to direct the 9th respondent to register the educational qualification of the petitioner, without seeking for production of evaluation certificate.

2. Mrs.G.Thilagavathi, learned counsel appearing for University of Madras, the 2nd respondent and Mr. V. Govardhan, learned counsel for 4th respondent jointly produced a copy of the order passed by this Court in W.P. No. 2806 OF 2005 dated 09.08.2006 and made a statement before this Court that on the basis of the said order, the issue in the present Writ Petition has become infructuous. It is relevant to extract paragraphs 2 and 3 below :

" Mr. A. U. Elango, learned counsel appearing for the second respondent produced a copy of proceedings dated 7.8.2006 issued by the Registrar, University of Madras, the second respondent herein in and by which, one Ms. L. Anbarasi, who also claimed for recognition of B.Ed. Degree obtained from Bharatiya Shiksha Parishad, UP from where she obtained B.Ed. Degree Programme does not find place in the recognised/ approved list of University Grants Commission, New Delhi/ Association of Indian Universities, New Delhi/ National Council for Teacher Education, New Delhi and hence, the University of Madras is not a position to recognise your B.Ed. Degree obtained from Bhartiya Shiksha Parishad, UP. Based on this, the learned counsel appearing for the second respondent stated that in

respect of the B.Ed. Degree stated to have been obtained by the petitioner from the said Bhartiya Shiksha Parishad, UP could not also be recognised by the second respondent in as much as the said University does not find place in the approved list of University Grants Commission.

3. Considering the above said fact, this Writ Petition is dismissed as having become infructuous. However, the petitioner is at liberty to assail the proceedings if any issued against the petitioner by the second respondent in appropriate proceedings. No cost. Consequently, WPMP is closed. "

3. In view of the above, this Writ Petition fails and the same is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar Dated:5.3.15 True Copy Sub Assistant Registrar To

1. The Secretary to Government, Education Department, Fort St.George, Chennai -9.

2. The Registrar, University of Madras, Chennai.

3. The Madurai Kamarajar University, Chennai.

4. The Registrar, Bharathisadan University, Thiruchirapalli, Tamil Nadu.