Annai Terasa College Of Education, v. Tamil Nadu Teachers Education University,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2019
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.No.27654 of 2019 and W.M.P.Nos.27167 & 27171 of 2019 Annai Terasa College of Education Rep.by its Correspondent, S.Selvaraj No.242/2, Sendarpatty Main Road, Thammampatti, Gangavalli (TK), Salem District.
.. Petitioner /versus/ 1.Tamil Nadu Teachers Education University, Rep.by the Registrar, Kangaiamman Koil Street, Karambakkam, Chennai-97.
2.The Chief Educational Officer, Salem District, Salem.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of Writ of Mandamus, directing the respondents herein to continue the affiliation granted to the petitioner's college namely Annai Terasa College of Education, Rep.by its Correspondent, No.242/2, Sendarapatty Main Road, Thammampatti, Gangavalli (TK), Salem District by accepting the Demand draft dated 28.08.2019 submitted by the petitioner and consequently permit the petitioner to admit students in the 1st year for the academic year 2019-2020 and also direct the Chief Educational Officer, Salem District, Salem, the 2nd respondent herein to send the 2nd year students for the 16 weeks observation and Teaching Training Classes in Government Schools.
For Petitioner : Mr.A.R.Suresh For Respondents : Mrs.P.Rajalakshmi Addl.Govt.Pleader for R1 Mrs.V.Annalakshmi GA for R2
ORDER
By consent, the main writ petition is taken up for final disposal at the admission stage itself.
2. Heard the learned counsel for the petitioner and the learned counsels for the Teacher Training University and Chief Educational Officer, Salem.
3. The case of the petitioner is that he has started Teachers Training Institute in the year 2007 in the name and style of "Annai Terasa College of Education" for conducting B.Ed course with annual intake of 100 students. The said college is affiliated to the first respondent and the college has enjoying the affiliation till the academic year 2018-2019. For renewal of affiliation for the academic year 2019-2020, the petitioner has submitted the affiliation fee on 28.08.2019 and also sought for permission to send the students admitted in the academic year 2018-2019 to undergo 16 weeks Observation and Teachers Training Class in the Government Schools. The request has not been considered, hence the present writ petition seeking Mandamus directing the respondent to continue the affiliation accepting the demand draft issued for affiliation order for the academic year 2019-2020 and also send the second year students for Observation and Teachers Training Class.
4. The learned Additional Government Pleader appearing for the respondents would submit that for renewal of affiliation, the institute should have applied before 31.10.2018 for the academic year 2019-2020, the period which was extended upto 30.06.2019, but the petitioner's institute has remitted the affiliation fee only on 28.08.2019. Since the petitioner's institute has remitted the fee belatedly, the request for granting affiliation was not considered and returned without granting affiliation for the year 2019-2020.
5. This Court fully endorsed the action of the respondent refusing affiliation for the institute for the academic year 2019-2020 due to the failure to make appropriate application within the time prescribed. As far as the second limb of the prayer, permitting students to undergo 16 weeks training, the request of the petitioner was returned by the second respondent for production of affiliation of the institute for the period 2018-2019.
6. The petitioner's counsel herein today furnished the web copy of NCTE indicating that the petitioner institute affiliation were lapsed only from the academic year 2019-2020.
Conversely it means that the affiliation was in force till academic year 2019-2020. Therefore, the second respondent herein is directed to consider the request of the petitioner forwarding the second year students to undergo 16 weeks training on representation on the petitioner's representation dated 28.08.2019 along with the affiliation order for the academic 2018-2019.
7. If the petitioner institute is interested in continuing the institute, it shall make appropriate application for affiliation for the ensuing academic year in time. If such application is made to the respondent, the respondent shall consider it in accordance with law.
8. With the above directions, this Writ Petition is disposed of. Consequently, the connected miscellaneous petitions are closed. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Registrar, Tamil Nadu Teachers Education University, Kangaiamman Koil Street, Karambakkam, Chennai-97.
2.The Chief Educational Officer, Salem District, Salem.
+1cc to Mr.AR.Suresh, Advocate SR.No.81261 AKM/25.10.19 /3P-4C/ W.P.No.27654 of 2019 and W.M.P.Nos.27167 & 27171 of 2019