Usha Latchumanan College Of Education v. Pondicherry University

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Usha Latchumanan College of Education, (Administered by SMG Anjalai Ammal Educational Society) rep. by its Correspondent, Vazhapadiar Nagar, Thirukkanur, Puducherry-605 501.

.. Appellant in both WAs Vs 1.Pondicherry University, rep. by its Registrar, R.Venkatraman Nagar, Kalapet, Puducherry-605 014.

2.The Dean, College Development Council, Affiliation Wing, Pondicherry University, R. Venkatraman Nagar, Kalapet, Puducherry-605 014.

3.National Council for Teacher Education, Southern Regional Committee, rep. by its Regional Director, Jnana Bharathi Campus Road, Opp. National School, Nagarabhavi, Bangalore-560 072.

.. Respondents in both WAs

Prayer: Appeals under Clause 15 of the Letters Patent against the common order in W.P.Nos.4416 of 2021 and 31184 of 2019 dated 7.9.2021 passed by the learned Single Judge.

For the Appellant : Ms.R.Thenamirtha Shyamala For the Respondents : Mrs.A.V.Bharathi for respondents 1 and 2 COMMON JUDGMENT (Delivered by the Hon'ble Chief Justice) We have heard Ms.R.Thenamirtha Shyamala, learned counsel for the appellant; and Mrs.A.V.Bharathi, learned counsel for respondents 1 and 2.

2. The writ petitions are filed by the appellant challenging the orders dated 17.7.2019 and 7.8.2019 and seeking directions to extend the provisional annual affiliation for B.Ed. Two-Year Course for the academic year 2019-2020. Similar claim was made for provisional annual affiliation for the academic year 2020-2021. The appellant also sought approval of the staff list. The learned Single Judge dismissed the writ petitions.

3. Learned counsel for the appellant submits that recognition has been issued by the National Council for Teacher Education with an intake capacity of 50 students for the B.Ed. Course. The affiliation has been refused on erroneous grounds. No deficiency exists. The VT report clearly shows that the appellant institution complies with all the requirements. The learned Single Judge has failed to consider the same.

4. Learned counsel for respondents 1 and 2 submits that because of the large scale deficiencies the affiliation was not granted to the appellant institution.

5. We have gone through the order passed by the learned Single Judge.

6. The VT team is blacklisted as large scale discrepancy was found in the VT report and the inspection report made by the representative of the Pondicherry University.

7. Unless the appellant complies with all the requirements, the first respondent is not bound to grant affiliation. The academic years are over long back.

8. It is submitted by learned counsel for the appellant that fresh inspection has been carried out by the University. The appellant has applied for affiliation for the current year. Respondents 1 and 2 may, depending upon the inspection report, take a decision with regard to the affiliation of the appellant institution on its own merits and in accordance with law and policy. Respondents 1 and 2 may also take a decision on the staff list submitted by the appellant for approval on its own merits.

With these observations, these writ appeals are disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 22.12.2023 Index :

Yes/No Yes/No sasi

To:

1.The Registrar, Pondicherry University, R.Venkatraman Nagar, Kalapet, Puducherry-605 014.

2.The Dean, College Development Council, Affiliation Wing, Pondicherry University, R.Venkatraman Nagar, Kalapet, Puducherry-605 014.

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

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi) 22.12.2023