Rev.Dr.V.S.Isaac Aiyya v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.24060 of 2021 Rev.Dr.V.S.Isaac Aiyya Bishops and Moderator, Correspondent, V.S.Isaac Teacher Training Institute ... Petitioner Vs.

1.The Director, State Council For Education Research Institution and Training, Tamil Nadu, College Road, Chennai - 600 006.

2.The Principal District Institute of Education and Training Tamil Nadu, Ranipet, Ranipet District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 24.09.2021 for approval of the admission of six students namely 1.Charumathi. M 2.Gracy. C 3.Narmadha. M 4.Prithika. D 5.Paranthaman. D and 6.Jancy. S in DELED Course.

For Petitioner : Mr.V.Nithyanandam For Respondents : Mr.M.R.Gokul Krishnan Government Advocate

O R D E R

The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 24.09.2021 for approval of the admission of six students namely 1.Charumathi.

M, 2.Gracy. C, 3.Narmadha. M, 4.Prithika. D, 5.Paranthaman. D and 6.Jancy. S in DELED Course.

2.The case of the petitioner is that the petitioner is the Correspondent of Dr.V.S.Isaac Teachers Training Institute and the said Institute is a Christian Minority Institution which was started for the downtrodden and backward class communities and the petitioner is running the institution for the past 17 years.

3.The further case of the petitioner is that during the time of admission six students namely, 1.Charumathi. M, 2.Gracy. C, 3.Narmadha. M, 4.Prithika. D, 5.Paranthaman. D and 6.Jancy. S have not submitted the necessary Certificates for getting admission and hence, they have not obtained approval for admission for the academic year 2020-2022 in time and soon after the submission of the testimonials, the petitioner approached the first respondent to approve the students admission for the academic year 2020-2022. In the meantime, examination commenced and got over and hence the petitioner approached the first respondent to consider them for approval for DELED Courses, however, the first respondent has not chosen to consider their approval. Hence, the petitioner made representation dated 24.09.2021 to the respondent seeking approval of the admission of the six students for the academic year 2020-2022 and since the said representation has not yet been considered, the petitioner has filed this writ petition.

4.The learned counsel appearing for the petitioner would submit that this Court may issue direction to the respondents to dispose of the petitioner's representation dated 24.09.2021 and to pass appropriate orders, within a reasonable time frame. 5.The learned Government Advocate appearing for the respondents would submit that the petitioner has not approached this Court with clean hands and would further submit that already the petitioner has approached this Court by filing W.P.No.19999 of 2021 seeking direction to the respondents therein to consider his representation seeking to permit the said six students to write examination in Diploma in Teachers Training Education and this Court vide order dated 21.09.2021 dismissed the said writ petition on the ground that the respondents have not granted approval for these students to undergo the course and would further submit that without disclosing the dismissal of the said writ petition, the petitioner has filed this petition.

6.Heard the submissions made by the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for the respondents.

7.Admittedly, the petitioner has filed this writ petition with very little details and the details with regard to the date of admission, date for submitting the necessary Certificates etc., have not been furnished in the petition. Further, the petitioner has also not put on notice the six students about the status of their position in the Institution. Further the petitioner has also not disclosed about the earlier writ petition filed it which ended in dismissal and the said act of the petitioner clearly reveals that the petitioner has not approached this Court with clean hands but has suppressed material information to gain undue advantage. 8.Further, it is to be noted that the petitioner has spoiled the life of six students namely, 1.Charumathi. M, 2.Gracy. C, 3.Narmadha. M, 4.Prithika. D, 5.Paranthaman. D and 6.Jancy. S.

, by allowing them to continue in the Institution without their candidature being approved. This has robbed the six students of their valuable time and energy and also made them to suffer monetarily. For the aforesaid act, the petitioner cannot be allowed to walk out scot-free. Therefore, in the interest of justice this Court is inclined to order a cost of Rs.10,000/- payable to each of the students namely, 1.Charumathi. M, 2.Gracy. C, 3.Narmadha. M, 4.Prithika. D, 5.Paranthaman. D and 6.Jancy. S. to be paid within a period of two weeks from the date of receipt of a copy of this order. 9.Therefore, the prayer sought for by the petitioner cannot be granted and accordingly, this writ petition is dismissed with cost of Rs.60,000/- payable by the petitioner at the rate of Rs.10,000/- to each of the above students.

To 1.The Director, State Council For Education Research Institution and Training, Tamil Nadu, College Road, Chennai - 600 006.

2.The Principal District Institute of Education and Training Tamil Nadu, Ranipet, Ranipet District.

+1cc to Mr.V.Nithyanandam, Advocate SR.No.59319 +1cc to the Government Pleader SR.No.59772 W.P.No.24060 of 2021 JPL(CO) GN(17/12/2021)