S.M.Harishini v. The National Council For Teacher Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2021
CORAM
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.Nos.18775 and 18781 of 2020 and WMP.Nos.23341 & 23347 of 2020 1.S.M.Harshini ..Petitioner in W.P.No. 18775 of 2020 2.S.Sindhuja ..Petitioner in W.P.No. 18781 of 2020 Vs The National Council for Teacher Education, Represented by its Regional Director, Southern Regional Committee, Nagarabhavi, Gnana Bharathi Campus Road, Bangalore - 56012.
Vels Institute of Science Technology and Advanced Studies (VISTAS) Plot No.9, P.Vaithiyalingam Road, Pallavaram, Chennai - 600117.
The Registrar, School Education Vistas Vels University State of Tamil Nadu, Thalambur Village and Post, Thiruporur Taluk, Chengalpattu District.
The University of Madras Represented by its Vice Chancellor, Chepauk, Chennai-600005.
The Registrar, University of Madras, Chennai -600005.
..Respondents 1to 5 in W.P.Nos.
18775 and 18781 of 2020 The Guru Nanak College, Guru Nanak Salai, Velachery, Chennai-600042.
..Respondent 6th in W.P.No.
18775 of 2020
The Madras Christian College, Tambaram East, Tambaram, Chennai-600059 ..Respondent 6th in W.P.No.
18781 of 2020 The Equivalence Committee, Tamil Nadu State Higher Education Council, rep by its Vice Chairman, Lady Wellington College Campus, Kamarajar Salai, Triplicane, Chennai.
..7th respondent in W.P.Nos.
18775 of 2020 and W.P.No.18781 of 2020 (R7 impleaded vide order dated 23.03.2021,01.07.2021 made in WMP.Nos.7079/21 and 7085/2021 in WP.Nos.18775 and 18781/2020) Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 2 and 3 and respondents 4 and 5 to consider the claim of the petitioner for grant of eligibility certificate to the petitioner based on the B.Sc.B.Ed.
integrated course qualification in the light of the petitioner representation dated 12/10/2020 and 02/12/2020 respectively and pass orders there on as expeditiously as possible on time prior to the semester exams which scheduled to be conducted in the month of January 2021.
For Petitioner : M/S. T.Dharanai (In both WPs) For Respondent : Mr. Su.Srinivasan, Standing Counsel -R1 (In both Wps) Mr.Ravindran - R2 & R3 Mr.L.P. Shanmugasundaram -R4 & R5 Mr.A.Selvendran, GA - R7 No Appearance for R6 COMMON ORDER The petitioner in W.P.No. 18775 of 2020 has studied B.Sc., B.Ed four years (integrated) course with triple major course viz., Zoology, Chemistry and Botony in the 2nd respondent college and passed the final examination in May 2020. The petitioner applied for M.Sc (Zoology) for the academic year 2020-21 from the University of Madras/4th respondent. On perusal, the 4th respondent University rejected the petitioner's qualification as she did not satisfy the equivalence condition. The petitioner had made representation to the respondent to issue equivalence certificate. Since there was no response from the respondent, the present writ petition is filed.
2. The petitioner in W.P.No. 18781 of 2020 has studied B.Sc., B.Ed four years (integrated) course with triple major course viz., Maths, Physics and Chemistry in the 2nd respondent college and passed the final examination in May 2020. The petitioner applied for M.Sc (Maths) for the academic year 202021 from the University of Madras/4th respondent. On perusal, the 4th respondent University rejected the petitioner's qualification as she did not satisfy the eligibility condition. The petitioner had made representation to the respondent to issue equivalence certificate for the said course. Since there was no response from the respondent, the present writ petition is filed.
3. The learned counsel appearing for the petitioners submitted that the integrated B.Sc., B.Ed., (with triple Major) Course is new one in Tamil Nadu and only some colleges in Tamil Nadu have this course and the 2nd and 3rd respondent college is one of them. The learned counsel for the petitioner further submitted that in order to apply or join for P.G Programme/M.Sc., it is mandatory to produce an equivalence certificate for this course. The learned counsel for the petitioner further submitted that the 2nd & 3rd respondents who had offered the above recognised course, ought to have written to the other Universities in Tamil Nadu explaining the course structure and syllabus so as to facilitate the students to get equivalence certificate from the respective universities, particularly University of Madras.
The petitioners have made representation dated 12.10.2020 and 19.10.2020 through E-mail to the 2nd and 3rd respondents respectively, requesting to take necessary action to get equivalence certificate from the University of Madras/4th respondent, but there was no response from the 2nd and 3rd respondents.
4. The learned counsel appearing for the 2nd respondent University has filed counter statement, wherein it has been stated that a detailed comparative statement along with request letter to issue order of equivalence was sent to Tamil Nadu State Council For Higher Education and waiting for reply.
5. The learned Government Advocate appearing for the High Education Department has submitted that the request dated 09.07.2020 made by the 2nd respondent University is pending consideration before the Equivalence Committee. After receipt of the report from the Equivalence Committee, the Government will consider the same and pass final orders.
6. Considering the facts and circumstances of the case and in view of the submissions made by the learned Government Advocate, this Court, at this stage, cannot grant relief to the petitioners as sought for by them. As on today, the Higher
Education Department has not issued any equivalence certificate for the UG integrated course undergone by the petitioners, which ultimately resist the petitioners' aspirations to pursue their Post Graduate Courses. Therefore, in the interest of justice, this Court finds it appropriate to direct the Secretary, Higher Education Department to consider the request made by the 2nd respondent University and pass orders within a time frame.
7. Accordingly, the Secretary, Higher Education Department is directed to consider the request made by the 2nd respondent University and pass orders on merits as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order. The said order shall also be communicated to the petitioners herein.
8. With the above directions, these writ petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ak To
1. The Regional Director, Southern Regional Committee, The National Council for Teacher Education, Nagarabhavi, Gnana Bharathi Campus Road, Bangalore - 56012.
2. The Registrar, School Education Vistas Vels University State of Tamil Nadu, Thalambur Village and Post, Thiruporur Taluk, Chengalpattu District.
3. The University of Madras Represented by its Vice Chancellor, Chepauk, Chennai-600005.
4. The Registrar, University of Madras, Chennai -600005.
5. The Vice Chairman, The Equivalence Committee, Tamil Nadu State Higher Education Council, Lady Wellington College Campus, Kamarajar Salai, Triplicane, Chennai.
6. The Secretary to Government, High Education Department, Fort St.George, Chennai.
+1 cc to M/s.T.Dharani,Advocate Sr.No.30614 +1 cc to the Government Pleader,Advocate Sr.No.30826 W.P.Nos. 18775 and 18781 of 2020 and WMP.Nos. 23341 & 23347 of 2020 PL[co] NSK 21/09/2021