Dharma Vidyalaya College Of Education v. The Registrar

IN THE HIGH COURT AT JUDICATURE AT MADRAS

DATED: 04.02.2025

CORAM:

THE HON'BLE MRS.JUSTICE N.MALA in W.P.No.36835 of 2024 Dharma Vidyalaya College of Education, Poothottam, Melkalingam Post, Ariyur Nadu, Kolli Hills, Namakkal District-63741, Represented by its Principal, Dr.K.Kaliamoorthy

...Petitioner

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

...Respondent

For Petitioner : Mr.G.Sankaran Senior Counsel for M/s.S.Bharathi Rajan For Respondent : Mr.D.Ravichander Standing Counsel

ORDER

This Writ Miscellaneous Petition is filed for issuance of a direction to the respondent to open the Online Portal for uploading the student details admitted by the petitioner Institution in B.Ed Course for the academic year 2024-2025 and remittance of fee, pending disposal of the above Writ Petition. 1/4

2. The learned counsel appearing for the petitioner submits that the last date for paying the exam fee is today, and as the College was not able to access the Portal of the University, it was not able to pay the fee. The learned counsel for the petitioner relying on Section 17(3) of the NCTE Act, submits that assuming that the impugned order dated 20.11.2024 is valid, the same would take effect only from the end of the academic session next following the date of communication of the order. The learned counsel therefore prayed that the respondents may be directed to open the University Portal, so as to enable the College to upload the students particulars and also pay the examination fees.

3. The learned counsel for the respondent sought time to file counter and prayed that the matter may be taken up next week.

4. I have heard both the learned counsels and perused the materials on record.

5. It is seen that the last date for paying the examination fee is today and therefore, the request of the learned counsel for the respondent cannot be accepted. Section 17(3) of the National council for Teacher Education Act, 1993, very clearly states that the impugned order shall take effect from the end of the academic session next following the date of communication of the said 2/4

order. The impugned order was passed on 20.11.2024 and even before the passing of the impugned order the students were admitted as early as in July-2024 and classes commenced in October-2024. I therefore find that a prima facie case is made out for grant of the interim direction sought for. I therefore direct the respondents to open the portal of the University, so as to enable the petitioner to upload the students particulars and thereafter remit the fees for the examination. If for any reason the portal cannot be opened today, the respondent shall open the Portal tomorrow, to enable the petitioner to upload the students particulars and pay the examination fees. It is made clear that no equity can be claimed by virtue of this interim direction either by the College or Students. The petitioner is directed to affix the copy of this order in the college notice board for the students benefit and knowledge. Accordingly, this Writ Miscellaneous Petition is ordered. 04.02.2025 dsn Note:

Issue order copy today 3/4

N.MALA,J.

dsn in W.P.No.36835 of 2024 04.02.2025 (1/2) 4/4