Arcot Sri Mahalakshmi Womens College Of Education. v. The Deputy Secretary / The Appellate Authority
2024:MHC:2212
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.Nos. 28294 & 28705 of 2023 and W.M.P.Nos. 27815, 27816, 28264, 28265, 28266 & 28267 of 2023 W.P.No.28294 of 2023 Arcot Sri Mahalakshmi Women's College of Education, Arani Main Road, Vellapakkam, Vellore District, Rep. By its Secretary, Mr.AL.Ravi .. Petitioner vs 1.The Deputy Secretary / The Appellate Authority, G-7, Sector - 10, Dwaraka, Souther Regional Committee, G-7, Sector - 10, Dwaraka, 3.The Tamil Nadu Teacher Education University Rep. By its Registrar, .. Respondents W.P.No.28705 of 2023 Arcot Sri Mahalakshmi Women's College of Education, Arani Main Road, Vellapakkam, Vellore District, Rep. By its Secretary, Mr.AL.Ravi.
.. Petitioner vs 1/6
1.The Deputy Secretary / The Appellate Authority G-7, Section - 10, Dwaraka, Southern Regional Committee, G-7, Section - 10, Dwaraka, 3.The Tamil Nadu Teacher Educational University, Rep. By its Registrar, .. Respondents Prayer in W.P.No.28294 of 2023: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari to call for the records of the 1st respondent herein in File No. 89-351/E-234168/2021 Appeal/4th Meeting 2023 APPLSRC202114182 dated 10.04.2023 and quash the same.
Prayer in W.P.No.28705 of 2023: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari to call for the records of the 2nd respondent passed in F.SRO/NCTE/APSO1215/B.Ed/(TN)/2021/128508 dated 02.09.2021 and confirmed by the 1st respondent in File No.89-352/E-234175/2021 Appeal/3rd Meeting, 2022, APPLSRC202114181 dated 18.04.2022 and quash the same.
For Petitioner :
Mr.S.V.Karthikeyan for Mr.J.Jayendrakrishnan (in both writ petitions) For Respondents :
Mr.J.Harikrishna Additional Standing Counsel for R1, R2 Mr.B.Dhiyaneswaran for Ms.S.Buvaneswari for R3 (in both writ petitions) 2/6
COMMON ORDER The Arcot Sri Mahalakshmi Women's College of Education has challenged an order dated 10.04.2023 passed by the appellate authority of the National Council for Teachers Education confirming the order of the Regional Director of the Southern Regional Committee, National Council for Teachers Education withdrawing the recognition granted to the petitioner for conduct of B.Ed and M.Ed courses. 2.
The petitioner had been running the aforesaid two courses from the academic sessions 2015 - 2016 onwards. 3.
Proceedings had been initiated by R2 calling for certain documents including resolution of the society, no objection certificate from the Registrar of Societies / Trust / Affiliating Body and permission from the Government. These documents were solicited since there had been a change in management of the college.
4.
It is the petitioner's case that it is managed by the Mahalakshmi Educational Charitable Trust which, in its meeting held on 25.10.2012 had unanimously resolved to merge the Arcot Sri Mahalakshmi Women's Teacher College of Education and Arcot Sri Mahalakshmi Women's Teacher Training Institute with the Sri Matha Bhuvaneshwari Educational Trust. An MoU had been executed vide letter dated 18.07.2016, R2 had been requested to effect necessary name changes. 5.
It is the case of the respondents that in order for the recognition to continue to be valid, necessary permissions ought to have 3/6
been obtained from the Government as well. Admittedly, this has not been done. Hence for this reason, the withdrawal of the recognition and the confirmation of the same by R1 are in order.
6.
Pending writ petitions, the petitioner has sought and obtained necessary approvals from the Joint Director of Collegiate Education for change in management vide proceeding in e.f.vz;.5462/R.ep.f./2023 dated 12.12.2023. Thus, there is no further necessity to entertain these writ petitions. In fact, in one case, the first appeal filed by the petitioner is still pending and in the second case, the petitioner has challenged the first appellate order.
8.
As far as W.P.No.28705 of 2023 is concerned, the petitioner may well pursue its appellate remedy and supply a copy of the order of approval dated 12.12.2023 to the appellate authority for consideration, in accordance with law.
9.
As far as W.P.No.28294 of 2023 is concerned, the petitioner may apply afresh enclosing a copy of the order of approval as well. Let that application be considered by the respondents, in accordance with law. 10.
Writ petitions stand disposed in terms of this order. No costs. Connected miscellaneous petitions are closed. 05.06.2024 Index:Yes/No ssm 4/6
To 1.The Deputy Secretary / The Appellate Authority, G-7, Sector - 10, Dwaraka, Souther Regional Committee, G-7, Sector - 10, Dwaraka, 3.The Registrar, Tamil Nadu Teacher Education University 5/6
DR. ANITA SUMANTH,J.
ssm 05.06.2024 6/6