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Madras High CourtWMP/35490/2025disposed of

Arcot Sri Mahalakshmi Womens College Of Education v. National Council For Teacher Education

2025-08-19Honourable Mr.Justice C.Kumarappan5 pages

WMP.No.35490 of 2025 in WP NO. 1421 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-08-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN WMP.No.35490 of 2025 in WP NO. 1421 of 2025 Arcot Sri Mahalakshmi Womens College Of Education Arani Main Road, Vellapakkam Vellore Distrct, Represented By Its Secretary Mr Al. Ravi Petitioner(s) Vs National Council For Teacher Education Southern Regional Committee, G-7, Section -10, Dwaranka, New Delhi 110 075 and another Respondent(s) For Petitioner(s):

M/s.G.Sankaran, Sr.Counsel For M/s. S.Bharathi Rajan For Respondent(s):

Mr.J.Harikrishnan For R1 Mr.D.Ravichander, S.C., For R2

ORDER

This petition has been filed seeking permission to allow the student to appear for the arrears paper if any and permit the students to write their 2nd semester examinations scheduled to be held from 22.08.2025.

2. It is the submission of the learned Senior Counsel that the petitioner-institution was originally established by Mahalakshmi Educational Charitable Trust and based upon the resolution dated 25.10.2012, the administration has got merged with Bhuvaneswari Educational Trust by way of a gift deed and after that the petitioner made an application on 20.03.2015 which was forwarded to the 2nd respondent to accept and approve the change in the name of the Trust. The learned Senior Counsel would further submit that though the application was made only for change of name of the Trust, that was rejected by the first respondent and against which the petitioner preferred an appeal and in the appeal, the Appellate Authority passed an order on 27.12.2024 directing the petitioner to apply afresh.

3. Based upon the above finding, the learned Standing Counsel would submit that when the petitioner was directed to apply afresh, it would ultimately mean that the petitioner does not have recognition. Therefore, the question of opening the portal permitting the petitioner to write exam does not arise. He would rely upon the judgment of the Hon'ble Supreme Court in Tamil Nadu Dr.MGR Medical University Vs. SVS Educational and Social Trust reported in (2019) 12 SCC 613 and would further contend that exercising jurisdiction against the provisional admission during the pendency of the writ petition exposes the students to the risk of

losing precious years in case of dismissal of the writ petition. By relying upon the above ratio, the learned Standing Counsel would submit that if any interim order is passed, it would seriously prejudice the petitioner. Further, having no recognition granted by the first respondent, the question of granting interim order does not arise. Hence, prayed to dismiss this petition. It is the further submission of the learned Standing Counsel for the 2nd respondent that the present petition has been filed at the eleventh hour pressurising the Court as well as all machineries of the first respondent. Hence, prayed to dismiss the present petition.

4. The said contention was reiterated by the learned Standing counsel appearing for the first respondent.

5. I have given my anxious consideration to either side submissions.

6. As rightly contended by the learned Senior Counsel, in a similar case in WMP.No.1660 of 2025, this Court, vide order dated 07.03.2025 directed the 2nd respondent to open the portal for uploading admitted students detail by the petitioner institution to write the first semester exams for the academic year 2024-25. Though, as rightly contended by the learned Standing Counsel, the petitioner has approached this Court at the eleventh hour, the explanation of the learned Senior Counsel that the exam schedule was notified only on 06.08.2025 and that in the meanwhile they

have sent representation to the 2nd respondent to open the portal must be viewed in favour of the petitioner. It is pertinent to mention that they did not respond, they were constrained to file the present petition.

7. It is pertinent to mention here that the main contention put forth by the learned Senior Counsel is that the first respondent rejected the recognition under the misconception of facts and directed them to apply afresh. In this writ petition, the respondent is yet to file counter. Therefore, in the meanwhile, if the student of the petitioner college is not permitted to write the exams, it would prejudice their interest.

8. From the above submissions of the petitioner, this Court finds prima facie case in their favour. In a similar circumstances, this Court has already granted interim relief on 07.03.2025 in WMP.No.1660 of 2025.

9. In view of the above factual position, this Court deems it appropriate to grant interim relief to the petitioner and the 2nd respondent is directed to open the portal, so as to enable the students to appear for the second semester examination, which is scheduled from 23.08.2025, forthwith. It is made clear that the permission granted by this Court is subject to the outcome of the writ petition and either, the student or the petitioner college cannot

claim any equity out of this order.

10. This Writ Miscellaneous Petition is ordered accordingly. No costs. 19-08-2025 (1/2) kmi To

1. National Council For Teacher Education Southern Regional Committee, G-7, Section -10, Dwaranka, New Delhi 110 075

2. The Registrar Tamil Nadu Teachers Education University, Gangaiamman Koil Street, Karapakkam Chennai 600 097