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Madras High CourtWP/4168/2015disposed of

Annai Teresa College Of v. The Registrar

2015-02-18Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.4168/2015 & MP.No.1/2015 Annai Theresa College of Education rep.by its Correspondent Mr.S.Selvaraj ..

Petitioner

Versus

The Registrar Tamil Nadu Teachers Education University Lady Willington College Campus Kamarajar Salai, Chennai 600 005.

..

Respondent Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondent to accept the eligibility applications [100 in number] of the students admitted at the petitioner College in B.Ed Course for the academic year 2014-15 and approve their admissions.

For Petitioner :

Mr.R.Suresh Kumar For Respondent :

Mr.V.Venkatesan

ORDER

Heard Mr.R.Suresh Kumar, learned counsel for the petitioner and Mr.V.Venkatesan, learned counsel who accepts notice for the respondent and with their consent, the writ petition is disposed of at the admission stage itself.

2.The petitioner seeks for issuance of a writ of mandamus to direct the respondent / University to accept the eligibility applications of the students admitted by the petitioner [100 students] in the B.Ed course for the academic year 2014-15. 3.The petitioner college was started during the academic year 2007-2008 pursuant to the order of recognition granted by the Southern Regional Committee, National Council for Teacher Education [SRC-NCTE] vide order dated 09.01.2007 and was given recognition to conduct B.Ed course with an annual intake of 100 students, pursuant to which the Periyar University, Salem, the jurisdictional University, granted affiliation to the petitioner vide order dated 01.11.2007 for conducting the said course from the academic year

2007-08. Subsequently, the Tamil Nadu Teacher Education University Act was implemented from the academic year 2008-09, pursuant to which, the petitioner College stood affiliated to the respondent University. While so, after having conducted inspection in the petitioner/College premises, the SRC-NCTE has withdrawn the recognition of the petitioner/College, by its order dated 29.08.2012, which was also affirmed by the NCTE, New Delhi in the appeal filed by the petitioner/College vide order dated 14.05.2013. The petitioner challenged both the orders before this Court by filing WP.No.19309/2013 and this Court, by the order dated 22.09.2014, allowed the writ petition by setting aside the order of withdrawal as affirmed by the Appellate Authority and remanded the matter back to the appellate authority, viz.

, NCTE, New Delhi, for fresh consideration. Subsequent to the orders of this Court, the NCTE, New Delhi, has allowed the petitioner's appeal on 10.12.2014 and issued a direction to the SRC-NCTE to issue a revised order restoring the recognition for B.Ed course. While so, the petitioner has submitted a request on 26.09.2014 to the respondent to issue Eligibility Application Forms for 100 students for the academic year 2014-15. Further the reminder sent on 19.12.2014 also did not evoke any response. Hence, the petitioner is before this Court with the aforesaid prayer.

4.Learned counsel for the respondent/University on instructions, submitted that if the petitioner/College approaches the respondent/University, the respondent shall give the Eligibility Applications to the petitioner and on receipt of the applications, the petitioner/College is directed to submit the same after furnishing full particulars including the attendance particulars of all those students and as and when the same is furnished by the petitioner/College, the respondent/University shall consider such Eligibility Applications along with the attendance requirement and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of such Eligibility Applications with full particulars.

5.The writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP

To The Registrar Tamil Nadu Teachers Education University Lady Willington College Campus Kamarajar Salai, Chennai 600 005.

1 cc to Mr.R.Suresh Kumar ,Advocate, SR.No.8900 1 cc to Mr.V.Venkatesan ,Advocate, SR.No.8724 WP.No.4168/2015 jsv(co) pmk.20.2.2015