Vidyala College Of Education v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2023

CORAM

MR.JUSTICE N.SESHASAYEE and W.M.P.Nos.24236 and 24237 of 2023 Vidyalaya College of Education, Sirunathur, Tindivanam Road, Thiruvannamalai District Rep. by its Correspondent / Chairman H.Abdul Kalaam ... Petitioner Vs.

1.The Registrar, Tamil Nadu Teachers Education University Kangaiamman Koil Street, Karapakkam, Chennai-600 097 2.The Regional Director National Council for Teacher Education Southern Regional Committee Sector-10, Dwarka New Delhi-116075 ... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, for issuance of a writ of Certiorari, calling for the records pertaining to the impugned proceedings in TNTEU/R/Withdrawn 1/6

Affiliation/2023/01410, dated 26.07.2023 issued by the first respondent and quash the same as illegal.

For Petitioner : Mr.V.Raghavachai Senior Counsel Assisted by Mr.S.Bharathi Rajan For Respondents : M/s.S.Bhuvaneswari for R1 Mr.J.Harikrishna for R2

ORDER

The petitioner herein is the College of Education, and its recognition was withdrawn vide the proceedings of the second respondent dated 30.05.2023. This was challenged by the petitioner before the Appellate committee under Section 18 of the Act. Vide its order dated 13.07.2023, the Appellate committee set aside the order of the second respondent and remanded the matter back to the second respondent.

2.Now, without reference to the said order of remark by the Appellate committee, the first respondent issued a notice dated 26.07.2023, directing the petitioner not to admit any students for the academic year 2023-2024. 2/6

This is now under challenge.

3.Mr.V.Ragavachari, the learned senior counsel appearing for the petitioner, submitted that when once the Appellate committee has set aside the order passed by the second respondent, by which the second respondent had withdrawn its recognition to the petitioner's College of Education, it reopens the entire matter for de nova consideration. He also placed reliance on a judgment of the High Court of Delhi in W.P(C)No.7260 of 2021, dated 30.07.2021. The learned counsel also added that the first respondent has issued the impugned notice or communication without even referring to the order passed by the Appellate committee.

4.M/s.S.Bhuvaneswari, the learned counsel for the first respondent, would submit that consequent to the order of the Appellate committee, the second respondent ought to intimate the first respondent / University about the restoration of recognition pending consideration of the proceedings remanded back for consideration. This communication has not yet been received.

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5.Pending consideration of the proceeding contemplating withdrawal of recognition by the second respondent pursuant to the order of the Appellate committee dated 13.07.2023, the second respondent is now directed to issue a proceeding to the first respondent to the effect that the recognition of the petitioner College of Education has been restored pending consideration of the matter before it within two (2) days from the date of receipt of a copy of this order.

6.The Writ Petition stands disposed of accordingly with the above direction. No cost. Consequently, the connected miscellaneous petitions are closed. 29.08.2023 (1/14) Anu Index : Yes / No Note to office:Issue order copy on 29.08.2023 4/6

To 1.The Registrar, Tamil Nadu Teachers Education University Kangaiamman Koil Street, Karapakkam, Chennai-600 097 2.The Regional Director National Council for Teacher Education Southern Regional Committee Sector-10, Dwarka New Delhi-116075 5/6

N.SESHASAYEE, J.

Anu and W.M.P.Nos.24236 and 24237 of 2023 29.08.2023 (1/14) 6/6