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Madras High CourtWP/4232/2016disposed of

Rosammal Memorial Minority v. The Government Of Tamil

2016-02-04Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.4232 of 2016 Rosammal Memorial Minority College of Education (Women) rep. by its Correspondent A.A.J.Ashokar ... Petitioner vs.

1.The Government of Tamil Nadu, rep. by its Secretary to Government Higher Education Department, Fort St. George, Chennai 600 009.

2.Tamil Nadu Teachers Education University, rep. by its Registrar, Lady Willingdon College Campus, Kamaraj Salai, Chennai 600 005.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the second respondent to pass orders on the petitioner's representation dated 08.08.2014 seeking affiliation to the petitioner College, within a time frame fixed by this court. For Petitioner : Mr.N.G.R.Prasad for M/s.Row and Reddy For Respondents : Mrs.P.Rajalakshmi, GA

ORDER

The petitioner has come up with the present writ petition for a mandamus, directing the second respondent to pass orders on the petitioner's representation dated 08.08.2014 seeking affiliation to their College, within a time frame fixed by this court.

2. The case of the petitioner is that their institution has been in existence for more than three decades and has permanent recognition for imparting Diploma in Teacher Training Course. While so, they sought permission to start B.Ed course from the National Council for Teacher Education (NCTE), which inturn by order dated 03.03.2014 granted recognition to them for imparting B.Ed course with an annual intake of 100 students, subject to a condition that the petitioner should get affiliation from the Examining Body. Accordingly, the petitioner submitted their application along with a representation dated 08.08.2014 to the second respondent/Examining Body. Though the second respondent received the petitioner's application seeking affiliation along with requisite fees and documents, no order was passed till date. Therefore, the petitioner has filed the present writ petition for the above stated relief.

3. Heard Mr.N.G.R.Prasad, learned counsel for the petitioner and Mrs.P.Rajalakshmi, learned Government Advocate appearing for the respondents.

4. Considering the facts and circumstances of the case, without going into the merits of the claim made by the petitioner, this Court directs the second respondent to consider the representation of the petitioner dated 08.08.2014 seeking affiliation to their College, by affording an opportunity of personal hearing to the petitioner and pass appropriate orders. It is made clear that this Court is not expressing any opinion with regard to the merits of the claim made by the petitioner and it is for the second respondent to pass appropriate orders purely on merits and in accordance with law. The entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rk

To 1.The Secretary to Government Higher Education Department, Fort St. George, Chennai 600 009.

2.Registrar, Tamil Nadu Teachers Education University, Lady Willingdon College Campus, Kamaraj Salai, Chennai 600 005.

+3ccs to M/s. Row & Reddy, Advocate, S.R.No.7434 +1cc to the Government Pleader, S.R.No.7552 AD(CO) EU(11/02/2016) W.P.No.4232 of 2016