K.N.Kuppusamy Educational v. The State Of Tamilnadu

In the High Court of Judicature at Madras Dated: 12.03.2015

CORAM:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice M.M. SUNDRESH Writ Petition Nos. 32116 and 32117 of 2007 and M.P. Nos.1, 2 and 3 of 2007 K.N. Kuppusamy Educational Trust 411, Velayutha Nagar Jeyamkondom, Perambalur District rep. by its Founder Trustee K.K. Chinappan. ... Petitioner in both vs.

1.The State of Tamil Nadu rep. by the Secretary to Government Higher Education Department Fort St. George, Chennai 600 009.

2.The Regional Director National Council for Teacher Education (Southern Region) 1st Floor, CSD Building HMT Post, Bangalore 560031.

... R1&2 in both petns.

3.Bharathidasan University Trichy-20, rep. by its Registrar.

... R3 in WP.32116/2007 4.The Principal District Institute of Teacher Education Keezhapazhoor and Post Perambalur District.

... R3 in WP.32117/2007 5.Meenakshi Ramasamy Educational and Charitable Trust M.R.Kalvi Nagar, Thathanur Post Udayar Palayam Taluk Perambalur District rep. by its Managing Trustee Mr.R.Ragunathan ... R4 in both petitions

6.Meenakshi Ramasamy College of Education M.R.Kalvi Nagar, Thathanur Post Udayar Palayam Taluk Perambalur District rep. by its Manager & Correspondent Mr.R.Ragunathan ... R5 in W.P.32116/2007 7.Meenakshi Ramasamy Teacher Training Institute M.R.Kalvi Nagar, Thathanur Post Udayar Palayam Taluk Perambalur District rep. by its Manager & Correspondent Mr.R.Ragunathan ... R5 in WP.32117/2007 PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records relating to the impugned proceedings of the 2nd respondent in F.SRO/NCTE/B.Ed/2006-2007/9001 and F.SRO/NCTE/D.T.Ed/2006-2007/9001 dated 13.11.2006 and 08.11.2006 respectively and quash the same For Petitioner : Mr. V. Selvaraj in both W.Ps For Respondents : Mr. S.T.S. Murthi Govt. Pleader for R1 Mr. P.R.

Gopinathan for R2 in both W.Ps Mr. V. Govardhan for M/s. Row & Reddy for R3 in WP.No.32116/15 Mr.R.Sureshkumar for R4 & 5 in WP.No.32116/15 and R4 in WP.No.32117/15 NA - R3 to 5 in WP.No.32117/07 COMMON ORDER (Made by The Hon'ble The Chief Justice) The petitions have been filed on behalf of the Trust which has established educational institutions being affiliated to the third respondent. The grievance made is against the fourth respondentTrust, who seeks to open a Teacher Training Institute, for which affiliation has been granted by the third respondent.

2. It is the second respondent/NCTE, the recognising body, scrutinises whether all the parameters are met or not. It is, thereafter, the affiliation is granted by the third respondent.

Thus, if there are any infirmities, the petitioner could, at best, approach the second respondent.

3. In view of the aforesaid, it is agreed that the second respondent may now carry out an inspection in both of the institution of respondent 4/5 as well as the institution of the petitioner to find out that there is any defect and if so, proceed in accordance with law.

4. Needless to say the charges for such inspection will be borne by the respective institutions in accordance with the regulations.

5. The writ petitions accordingly stand disposed of. No costs. Consequently, M.P.Nos. 1, 2 and 3 of 2007 are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ATR Copies to;

1. The Secretary to Government State of Tamil Nadu Higher Education Department Fort St. George, Chennai 600 009.

2. The Regional Director National Council for Teacher Education (Southern Region) 1st Floor, CSD Building HMT Post, Bangalore 560031.

+1cc to M/s.Row & Reddy, Advocate, S.R.No.14149 +1cc to M/s.V.Selvaraj, Advocate, S.R.No.14313 +1cc to M/s.R.Suresh Kumar, Advocate, S.R.No.14008 +2cc's to M/s.P.R.Gopinathan, Advocate, S.R.No.14395 +1cc to the Government Pleader, S.R.No.14026 W.P. Nos.32116 & 32117 of 2007 SAI(CO) CA(20/03/2015)