Senthil College Of Education v. Pondicherry University
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2023 CORAM : JUSTICE N.SESHASAYEE and WMP.No.22620 of 2023 Senthil College of Education Rep. by its Secretary D.Sendil Kumar S/o.B.Dhandapani No.42, New Mettu Street Valarpirai Ngar, Sulthanpet Puducherry - 609 910.
.... Petitioner Vs 1.Pondicherry University Represented by the Officer on Special Duty (CDC) Affiliation Wing College Development Council Administration Building, R.V.Nagar, Kalapet Puducherry - 605 014.
2.National Council for Teacher Education Represented by its Regional Director Southern Regional Committee G-7, Section-10 , (Near Sector-10 Metro Station) Dwaraka, New Delhi - 100 075.
.... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the first respondent to accept the list of students enrolled for the academic year 2022-2023 and consequently allow them to appear for the forthcoming I year B.Ed., examinations which is to be held from 04.08.2023 to 17.08.2023 as per the communication of the first respondent dated 1/4
12.07.2023 and for consequential orders.
For Petitioner : Mr.R.Kannan Assisted by Mr.A.K.Sriram, Senior Counsel For Respondents : Mr.M.Ravi Standing Counsel for R1 & R2
ORDER
The petitioner is a college of education and it was established sometime in the year 2005, and it has commenced the B.Ed., classes for the academic year 2005-2006. As a mandate, it had applied for approval before the first respondent for the academic year 2022-2023, and it is still pending consideration. 2.The learned counsel for the petitioner submits that everything has been done by the students and also by the petitioner college to enable them to sit for the examination, but the hall tickets were not yet issued. When the petitioner college approached the first respondent on 01.08.2023, for issuance of hall tickets, they were informed that no communication was received from the second respondent. Hence, the petitioner has approached the Court and sought a mandamus to let the students studying there to sit for the examination to commence on 04.08.2023. 2/4
3. Heard the learned counsel for the first respondent briefly. The learned counsel submitted on instructions that there was an inspection by the Puducherry University, wherein they have found certain short comings/defects, and also required the petitioner to rectify the same. He also added that the second inspection is scheduled to take place today (03.08.2023). 4.Subject to the outcome of the decision to be taken by the first respondent, this Court now directs the first respondent to allow the I year B.Ed students of the petitioner college to sit for the examination, to commence from 04.08.2023. It is made clear, if recognition/approval is not given for the academic year 2022 - 2023, those students who are now allowed to write their examination, cannot have any right to seek ratification of the same extra-statutorily.
5. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
03.08.2023 Index : Yes / No Speaking order / Non-speaking order ds Note : Issue order copy on 03.08.2023 3/4
N.SESHASAYEE.J., ds To:
1.Pondicherry University Represented by the Officer on Special Duty (CDC) Affiliation Wing College Development Council Administration Building, R.V.Nagar, Kalapet Puducherry - 605 014.
2.National Council for Teacher Education Represented by its Regional Director Southern Regional Committee G-7, Section-10 (Near Sector-10 Metro Station) Dwaraka, New Delhi - 100 075.
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