T.Santhiya v. Pondicherry University,
2024:MHC:2474
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 28.06.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.17299 and 17303 of 2024 and WMP Nos.19088 and 19089 of 2024 T.Santhiya ... Petitioner in W.P.No.17299 of 2024 S.S.Vidhyalaximi ... Petitioner in W.P.No.17303 of 2024 Vs 1.Pondicherry University, rep. by the Registrar, R.V.Nagar, Kalapet, Puducherry.
2.The Controller of Examinations, Pondicherry University, R.V.Nagar, Kalapet, Puducherry.
3. National Council for Teacher Education, Southern Regional Committee, rep. by its Regional Director, Gnana Bharathi Campus Road, Opp. National School, Nagarabhavi, Bangalore - 560 072.
4. Usha Latchumanan College of Education, (Administered by SMG Anjalai Ammal Educational Society) rep. by its Correspondent, Vazhapadiar Nagar, Thirukkanur, Puducherry - 605 501.
.... Respondents in both W.Ps.
COMMON PRAYER : Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to treat the B.Ed. Course undergone by the petitioners with the 4th respondent college during the academic years 2019-2020 and 2020-2021(W.P.No.17299 of 2024) and 20201 / 4
2021 and 2021-2022 (W.P.No.17303 of 2024) as regular to enable them to complete the B.Ed. Course.
In both W.Ps.
For Petitioner : Ms.M.N.Sumathy For Respondents : Ms.G.Durga Devi for Ms.A.V.Bharathi - R1 & R2 C O M M O N O R D E R Ms.G.Durga Devi, learned counsel on behalf of Ms.A.V.Bharathi, learned counsel accepts notice for R1 and R2 and is armed with instructions to enable a final disposal of this matter, even at the stage of admission. No notice is thought necessary to R3 and R4, in light of the order proposed to be passed in these Writ Petitions.
2. The petitioners had enrolled for the B.Ed course in R4 college for academic years 2019-2020 and 2020-2021(W.P.No.17299 of 2024) and 2020-2021 and 2021-2022 (W.P.No.17303 of 2024). Even at the conclusion of the first year, the petitioners and other students had come to know that R4 college had not received necessary approvals for the B.Ed course. However, despite being fully aware of this position, the petitioners continued in the same college and claim to have attended the classes.
3. The petitioners complain that they were not permitted to write B.Ed examinations and they have also made representations before R1 to R3 in this regard. They draw attention to communication dated 03.04.2024 (signed on 04.04.2024) written by Puducherry University to R4 referring to the grievances expressed by the petitioners and calling for various particulars from the college. 2 / 4
4. These Writ Petitions are misconceived for several reasons. Firstly, the petitioners are well aware of the fact that the course for which they had enrolled was not an approved one. Secondly, R4 has itself filed Writ Petitions challenging orders of rejection of their request for affiliation for two academic years, viz., 2019-2020 and 2020-2021 in W.P.Nos. 31184 of 2019 and 4416 of 2021, which came to be dismissed on 07.09.2021. As against the same, Writ Appeals in W.A.Nos.3518 and 3533 of 2023 had been filed and on 22.12.2023, those Writ Appeals had been disposed recording the submission of R4 that fresh inspection of the college had been carried out by the University and that the college had applied for affiliation for the current year.
5. The First Bench of this Court had also observed that based on the inspection, the respondents may take a decision with regard to the affiliation, on its own merits and in accordance with law and extant policy. The order of the First Bench relates only to the affiliation for the current year. In fact, they have observed in paragraph 7 that unless R4 complies with all requirements, the first respondent is not bound to grant affiliation as 'The academic years are over long back.'.
6. Thus the question of affiliation for any year prior to the current year appears to be a closed chapter. In such circumstances, the prayer of 3 / 4
Dr.ANITA SUMANTH,J.
the petitioners for a mandamus directing the respondents to treat the B.Ed course undergone by them in R4 college for academic years 2019-2020 and 20202021(W.P.No.17299 of 2024) and 2020-2021 and 2021-2022 (W.P.No.17303 of 2024) as regular is misconceived and I am not in a position to consider the same.
7. For the aforesaid reasons, these Writ Petitions and the connected Miscellaneous Petitions are dismissed. No costs. 28.06.2024 sl Index : Yes / No Speaking Order:Yes To 1.The Registrar, Pondicherry University, R.V.Nagar, Kalapet, Puducherry.
2.The Controller of Examinations, Pondicherry University, R.V.Nagar, Kalapet, Puducherry.
3. The Regional Director, National Council for Teacher Education, Southern Regional Committee, Gnana Bharathi Campus Road, Opp. National School, Nagarabhavi, Bangalore - 560 072.
W.P.Nos.17299 and 17303 of 2024 and WMP Nos.19088 and 19089 of 2024 4 / 4