Vishnu Lakshmi B.Ed College v. Tamil Nadu Teachers Education University
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 29/10/2024 C O R A M THE HONOURABLE Mr.JUSTICE M.DHANDAPANI Writ Petition No . 30080 of 2024 a n d W.M.P.No.32774 of 2024 Vishnu Lakshmi B.Ed College rep. By its Correspondent Mr.K.Baskaran Pollachi Road, Ellies Nagar (PO) Dharapuram 638 657 Tiruppur District.
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Petitioner Vs Tamil Nadu Teachers Education University rep. By its Registrar Gangaiamman Kovil Street Karapakkam Chennai 600 097.
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Respondent PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari to call for the records pertaining to the impugned notice of the respondent vide TNTEU/R/Affln/Show cause Notice/2024/01216 dated 16/8/2024 on the file of the respondent and quash the same as illegal. Page No:1/6
For petitioner ...
Mr.R.Kannan For respondent ...
Mr.D.Ravichandran - - - - -
O R D E R
This writ petition has been filed to quash the impugned notice of the respondent dated 16/8/2024 as illegal.
2. The case of the petitioner is as follows:- The petitioner's College was accorded recognition by The National Council for Teacher Education to start a B.Ed with an intake of 100 students from the academic session 2006. After inspecting the infrastructure, respondent has granted affiliation. Thereafter, the respondent University had granted Continuation of Affiliation after inspection on every three years. During the year 2002, respondent directed the petitioner Institution not to admit any students, for the academic year 2022 - 2023, since the petitioner had failed to pay the continuation of affiliation fee on time. For the academic year 2023 - 2024 and 2024 - 2025, the respondent accorded affiliation to conduct B.Ed programme. After receiving order of Continuation of Affiliation, the petitioner Institution had admitted more than 60 students for Page No:2/6
the academic year 2023 - 2024 and subsequently, for the academic year 2024 - 2025, admissions were started.
3. All of a sudden, the respondent University has sent the inspection team on 14/6/2024. The said team has failed to record proper explanations given by the Management, instead, they have demanded the scholarship records of the year 2013 - 2014. Rather asking for any further documents, issued impugned show cause notice dated 16/8/2024, directing the petitioner College not to admit the students to B.Ed degree programme for the academic year 2024 - 2025. Being aggrieved, the petitioner has come forward with the instant writ petition praying for the relief as stated therein.
4. Counter affidavit was filed on behalf of the respondent stating that show cause notice was issued based on the complaint given by the Adi Dravidar Welfare Department and the Surprise Inspection. Thus, the petitioner was directed not to admit any students after the issuance of show cause notice.
5. Heard Mr.R.Kannan, learned counsel for the petitioner and Mr.D.Ravichandran, learned counsel for the respondent. Page No:3/6
6. The learned counsel appearing for the petitioner submitted that most of the students are from downtrodden families. If they are not allowed to write their examination, they will be put to irreparable loss. Allowing the students to write the exams, even after getting recognition and affiliation will not cause any prejudice to the respondent.
7. The learned counsel appearing for the respondent submitted that based on the complaint received from Adi Dravidar Welfare Department against the petitioner College, University had constituted an inspection team to make the surprise visit and requested to submit a report. Based on the report, dated 12/6/2024, Committee suggested the authorities of the University to issue necessary orders to the College not to permit the students for admission to B.Ed degree Programme in the College for the academic year 2024 - 2025.
8. Perused the materials available on record.
9. The petitioner College was accorded recognition by the National Council for Teacher Education. On every three years, respondent granted Page No:4/6
Continuation of Affiliation. Since the petitioner had failed to pay the continuation of affiliation, respondent has directed not to admit the students, but for the academic year, the respondent had accorded affiliation to conduct B.Ed programme for the academic year 2023 - 2024 and 2024 - 2025. But the respondent had sent Inspection team on 14/6/2024 and demanded to produce the scholarship records pertaining to the year 2013 - 2014. Since the petitioner has not provided, the respondent had issued a show cause notice dated 16/8/2024. It is the bounden duty of the petitioner to produce the documents to the respondent, within seven days from the date of issuance of show cause notice. In such a view of the matter, this Court is of the opinion that instead of submitting the relevant documents, approaching this Court by way of a writ petition should not be entertained. Moreover, in view of the unsatisfactory report of the Inspection Committee only, show cause notice was issued to show cause as to why the affiliation granted to the said College be not withdrawn.
10. In the result, this writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 29/10/2024 Page No:5/6
mvs.
Index : Yes / No M.DHANDAPANI,J mvs.
Writ Petition No.30080 of 2024 29/10/2024 Page No:6/6