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Madras High CourtWP/30144/2016disposed of

A.Ezhilarasi, v. The Registrar,

2016-08-30Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.08.2016

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.30144 of 2016 and W.M.P.No.26111 of 2016 A.Ezhilarasi

...Petitioner

-Vs1.The Registrar, Tamil Nadu Teachers Education University, Lady Wellington College Campus, Kamaraj Salai, Chennai - 5.

2.The Principal, Annai Fathima Teachers Training, College of Education, Manakadavu, Dharapuram, Tiruppur District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to publish the petitioner result of the B.Ed., Examination 2010 held in May/June 2010 (petitioner's register No.1070209BD019).

For Petitioner : Ms.L.Karthiga for Mr.C.Prakasam For Respondents: Mr.U.Venkatesan for R1

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. The learned counsel appearing for the petitioner would submit that the petitioner has joined the second respondent college in the B.Ed. Course in the year 2009-2010 and it was in the list of approved colleges as per the on-line website of the first respondent university and subsequently, the first respondent did not permit the students, who joined in the second

respondent institution, for writing examination, on the ground that the institution is not recognized by the first respondent after 2010. The second respondent challenging the said decision, filed W.P.No.7602 of 2010 praying for appropriate direction by permitting the students to sit and write examination and by virtue of the order of interim direction dated 26.05.2011, the students were permitted to write the examination, but the result of the same having been published. It is the further submission of the learned counsel appearing for the petitioner that in similar facts and circumstances, some of the students in the second respondent college had filed W.P.Nos.9292/2013, 30773/2013, 4460 and 5021/2014 as well as W.P.No.16264 of 2015 and this Court, has taken note of the order dated 09.01.2014 made in W.P.No.30772 of 2013, has directed the declaration of the results, subject to the fulfillment of attendance requirements and since the petitioner is similarly placed, prays for appropriate orders.

3. Heard the submission of Mr.U.Venkatesan, learned Standing Counsel appearing for the first respondent.

4. It is relevant to extract the order dated 09.10.2014 made in W.P.No.30772 of 2013 batch etc., which reads as follows: "2. In separate batches of cases filed by the other students belonging to the same batch, this Court passed several orders directing the respondents to declare the results. The order of withdrawal of recognition cannot take retrospective effect so as to annul the course undergone by the petitioners. At the time when the petitioners joined the course, the course was recognized. Admission of the students also have been approved at that time. Therefore, on the basis of the order of withdrawal of recognition passed in August 2010, the course undergone by the petitioner in 2009-10 cannot be put to peril.

3. In view of the above, the Writ Petitions are allowed directing the respondents to declare the results of the petitioners, subject to the petitioners having been qualified for admission to the B.Ed. Course and subject to the petitioners having attendance requirements. The results shall be declared within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, M.P.No.1 of 2013 and 1 and 1 of 2014 are closed."

5. In the light of the same, this Writ Petition is disposed

of and the first respondent is directed to publish the results of the B.Ed., Examination written by the petitioner during May/June 2010 subject to the attendance and practical requirements within a period of two weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

6. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vsm To The Registrar, Tamil Nadu Teachers Education University, Lady Wellington College Campus, Kamaraj Salai, Chennai - 5.

1 cc to Mr.C.Prakasam, Advocate, sr.49391 1 cc to Mr.V.Venkatesan, Advocate, sr.49013 W.P.No.30144 of 2016 vgi co kra 06.09.2016