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Madras High CourtWP/29057/2022disposed of

Vickram Teacher Training College v. The Director

2022-11-04Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.29057 of 2022 & WMP.No.28341 of 2022 Vickram Teacher TrainingCollege, Rep. by its Secretary M.S.Vikram, Sreenivasa Gardens, Madurai -Sivagangai Road, Enathi, Sivagangai District PIN - 630561.

... Petitioner Vs

1. The Managing Director, Appellate Committee, National Council for Teacher Education, G-7, Sector - 10, Dwaraka, New Delhi - 110 075.

2. The Regional Director, Southern Regional Committee, National Council for Teacher Education, G-7, Sector - 10, Dwaraka, New Delhi - 110 075.

3. The Register, Tamil Nadu Teacher Education University, Gangaimman Koil Street, Karapakkam, Chennai - 600 097.

... Respondents 1/6

Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining in respect of the Impugned Order passed by the third respondent vide his Official Communication No.TNTEU/R/CC11910/SynMar-Item No.28/withdrawal/2022/0889 dated 29.03.2022 and quash the same and direct the third respondent to grant continuation affiliation to the petitioner institution for B.Ed., Course for the academic year 2022-2023. For Petitioner : Mr.K.Sathish Kumar For Respondents : Mr.SU.Srinivasan - R1 & R2 Mr.C.H.Vinobha Gandhi - R3

ORDER

This Writ Petition has been filed to quash the Impugned Order passed by the third respondent vide his Official Communication No.TNTEU/R/CC11910/SynMar-Item No.28/withdrawal/2022/0889 dated 29.03.2022 and direct the third respondent to grant continuation affiliation to the petitioner institution for B.Ed., Course for the academic year 2022-2023. 2/6

2. It is the case of the petitioner that the petitioner college is conducting B.Ed. Course from the academic year 2006- 2007 with due recognition from NCTE and affiliation from third respondent University. The petitioner institution had obtained continuous provisional affiliation from the third respondent University by an Order dated 24.12.2021 for the three academic years from 2021 to 2024. Inspite of the same, the third respondent, by an Order dated 29.03.2022 had withdrawn the affiliation on the ground that the recognition was withdrawn by the second respondent. As against which the petitioner institution filed an appeal before the first respondent and the first respondent considered the appeal filed by the petitioner institution and decided for continuation of recognition for B.Ed., programme for 2 year duration with an annual intake of 1 unit of 50 students. Therefore, the petitioner made a representation before the third respondent for restoration of the affiliation granted to the petitioner institution and the same was not considered by the third respondent.

3. A perusal of the records indicate that originally NCTE has given recognition to the petitioner institution on 30.04.2015. Thereafter, NCTE has withdrawn the recognition given to the petitioner institution on 3/6

29.11.2021 and based on such Order, the third respondent by an Order dated 29.03.2022 again withdrawn the affiliation on the ground that the recognition was withdrawn by the second respondent on 29.11.2021. On the appeal preferred by the petitioner, continuation of recognition has been given by the second respondent on 25.07.2022.

4. In such view of the matter, when the University has withdrawn mainly on the Orders of the NCTE, which was recalled and continuation of recognition has been issued by NCTE, this Court is of the view that the University has to certainly permit the petitioner to admit the students. Though it is stated by the learned counsel appearing for the respondents that despite NCTE had passed an Order that the syndicate has resolved that the implementation of the fresh affiliation process to the existed affiliated colleges, they will process the application and will approve later. Since the University has withdrawn the affiliation mainly on the Orders of NCTE and the NCTE has withdrawn the Order and granted continued recognition, there shall be a direction to the third respondent to grant continuation of affiliation to the petitioner institution for B.Ed. Course for the academic year 20224/6

2023. It is well open to the respondents to make an inspection and process affiliation process separately.

5. With the above directions, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 04.11.2022 vrc Note : Issue Order Copy today [04.11.2022] To,

1. The Managing Director, Appellate Committee, National Council for Teacher Education, G-7, Sector - 10, Dwaraka, New Delhi - 110 075.

2. The Regional Director, Southern Regional Committee, National Council for Teacher Education, G-7, Sector - 10, Dwaraka, New Delhi - 110 075.

3. The Register, Tamil Nadu Teacher Education University, Gangaimman Koil Street, Karapakkam, Chennai - 600 097.

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N.SATHISH KUMAR, J.

vrc 04.11.2022 6/6