Yanam Educational Society v. The Convenor

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2016

CORAM:

THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN Writ Appeal No.1781 of 2012 & MP.1 of 2012 Yanam Educational Society (Regd.No.277/2002) Rep.by its Chairman Mr.Chinta Venkataramayya 8-320, High School Road Zicrianagar, Yanam 533 464 .. Appellant/Petitioner Vs.

1. The Convener National Council for Teacher Education Hans Bhawan Wing - II 1 - Bahadur Shah Zafar Marg New Delhi 110 002

2. The Secretary to Government Department of Elementary Education and Literacy Ministry of Human Resource Development Government of India, Shastri Bhavan New Delhi 110 001

3. The Secretary Department of Education Government of Puducherry Chief Secretariat Puducherry .. Respondents/Respondents WRIT APPEAL filed against the order passed in W.P.No.28196 of 2011 dated 22.6.2012. Writ petition filed U/A.226 of the constitution of India, praying for the issue of writ certiorari calling for the records relating to Order No.F.SRO/NCTE/2011-12/28330 dated 25.04.2011 passed by the Southern Regional Committee for Teachers Education (which has

been superseded) and Order No.F.No.89-285/2011 Appeal/6th Meeting 2011 A 43757 dated 28.10.2011 passed by the 1st Respondent quash the same on the file this court. For Appellant : Mr.Viveka Mani for M/s.PVS Giridhar & Sai associates For Respondents : Mr. K.Ramakrishna Reddy for R1 Mr.K.Srinivasamoorthy, CGSC for R2 Mr.M.Govindaraj, Government Pleader (Pondicherry) for R3

J U D G M E N T

(Judgment of the Court was delivered by A.SELVAM, J) This writ appeal has been directed against the order dated 22.6.2012 passed in Writ Petition No.28196 of 2011 by the learned Single Judge of this Court.

2. The appellant/petitioner has been given due recognition to run Diploma in Teacher Education course in the year 2005 with a specific condition, but the appellant/petitioner has not been able to comply the said condition and subsequently the recognition has been cancelled and the same has been challenged before the appellate authority. The appellate authority confirmed the order of cancellation and the same has been challenged by way of filing Writ Petition No.28196 of 2011.

3. The learned Single Judge, after considering the contentions put forth on either side, has dismissed the Writ Petition No.28196 of 2011 and the order passed by the learned Single Judge is being challenged in the present writ appeal.

4. The learned counsel appearing for both sides have fairly conceded that as per new Regulations, the appellant/petitioner is entitled to give a fresh application for getting recognition. Under such circumstances, this writ appeal is liable to be disposed of.

5. Considering the representation made on either side and also considering that as per new Regulations, the appellant/petitioner is entitled to apply for getting recognition, the relief sought in the writ appeal has become infructuous and further the appellant/petitioner can be directed to give a fresh application for getting recognition on the basis of new Regulations.

In fine, with the above observation, this writ appeal is disposed of. However, it is made clear that the appellant/petitioner is entitled to give a fresh application on the basis of new Regulations for getting recognition. No costs. Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar ajr To

1. The Convener National Council for Teacher Education Hans Bhawan Wing - II 1 - Bahadur Shah Zafar Marg New Delhi 110 002

2. The Secretary to Government Department of Elementary Education and Literacy Ministry of Human Resource Development Government of India, Shastri Bhavan New Delhi 110 001

3. The Secretary Department of Education Government of Puducherry Chief Secretariat Puducherry.

+1cc to Mr.K. Srinivasamurthy, Advocate, S.R.No.40791 +1cc to Mr.K. Ramakrishnan Reddy, Advocate, S.R.No.40940 + 1 cc to M/s. Giridhar and Sai, Advocate Sr.41172 +1cc to the Government Pleader, S.R.No.41503 PUR(CO) EU(08/08/2016) W.A. No.1781 of 2012