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Madras High CourtWP/37866/2024allowed

Devarajan College Of Education v. The Syndicate Of The Tamil Nadu Teacher Education University

2025-07-25Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-07-2025

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN WP NO. 37866 OF 2024 AND WP No. 24576 of 2025 AND WMP NO. 40933 OF 2024,WMP NO. 23587 OF 2025,WMP NO. 27678 OF 2025 WP No. 37866 of 2024 Devarajan College Of Education Rep By Its Correspondent S.D.Muthammal Goundarkadu, Main Road, Kariyapattinam Vedaranyam Taluk, Nagapattinam District- 614 806.

..Petitioner(s) ..Vs..

The Tamil Nadu Teacher Education University, ..Respondent(s) WP No. 24576 of 2025

Devarajan College Of Education Rep By Its Correspondent S.D.Muthammal Goundarkadu, Main Road, Kariyapattinam Vedaranyam Taluk, Nagapattinam District- 614 806.

..Petitioner(s) Vs The Syndicate Of The Tamil Nadu Teacher Education Rep by Its Registrar, ..Respondent(s) WP No. 37866 of 2024 Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order of the 2nd respondent issued in official communication No TNTEU /R / Affln / Withdrawal / 2024 / 06145 dated 28.10.2024 and quash the same and direct the respondents to continue the affiliating of the petitioner Devarajan College of Education (CC No 11312 ) Nagapattinam District form the academic year 2024-2025 onwards and approve the list of 100 students admitted to two year B.Ed program prior to the withdrawal of affiliation order and pass orders accordingly.

WP No. 24576 of 2025

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, Directing the Respondent University to visit the college for an inspection and accordingly grant affiliation for the academic year 2025- 2026 and accordingly permit the petitioner college to admit the students for the academic year 2025- 2026 in accordance with the recognition granted by the (NCTE) national Council of Teacher Education and pass orders accordingly. For Petitioner(s): Ms.Dakshayani Reddy Senior Counsel for Ms.S.Suneetha R.Pavithra For Respondent(s):Mr.D.Ravichander St.Counsel (Both cases) *****

O R D E R

This present Writ petition is filed challenging the impugned order dated 28.10.2024 by which the affiliation of the petitioner was withdrawn for certain reasons.

2. The learned Senior counsel appearing for the petitioner would submit that as per the impugned order 28.10.2024 withdrawal of the affiliation was made based upon the recommendation of the Sub-Committee of Syndicate. In this connection, the learned senior counsel has relied upon the following observations made by the Registrar in the impugned order:

" In accordance with decision taken by Syndicate SubCommittee, the Affiliation granted to the Devarajan College of Education

(CC:11312), Nagapattina is withdrawn from the academic year 20242025"

3. Further, the learned senior counsel also invited attention of this Court about the Statutes of the Tamil Nadu Teachers Education University Act [hereinafter called "Act"] wherein Section 3 enumerates the powers of Syndicate and more specifically Section 3(7) gives power to Syndicate for withdrawal of the affiliation from colleges. Therefore, it is the contention of the petitioner that the impugned order was issued by the incompetent authority.

4. At this Juncture, the Standing Counsel appearing for the respondents would submit that the Syndicate has got power to delegate and that, based on the report given by the Sub- Committee, they passed the impugned orders. Therefore, contended that there is no infirmity in the impugned order. However, the respondents did not file counter affidavit till date. While looking at the adjudication sheet, since 11.12.2024 till date, 7 times this petition was listed, but they did not file counter for the reasons best known to them. The respondent did not substantiate their stand either through the rule position nor through their counter statement. 5.As rightly contended by the learned senior counsel appearing for the petitioner, the Section 3(7) of the Act clearly specifies that the Syndicate alone has got

the power to withdraw the affiliation. But, contrary to the above act, the withdrawal of the affiliation was made by the Sub-Committee. Therefore, it is clear that the impugned order was passed based upon the decision of the incompetent authority. Hence, this Court finds merit in the submissions made by the learned senior counsel. Accordingly, the impugned order dated 28.10.2024 is quashed and the matter is remitted back to the respondent for fresh consideration in accordance with law. It is made clear that if the respondents intend to conduct any re-inspection of the petitioner college, they are at liberty, and that the petitioner is bound to pay necessary fee. 6.In view of the order passed in the Writ petition No.37866 of 2024, no order is necessary in the other W.P. No.24576 of 2025.

7. Accordingly, the Writ Petition in W.P. No.37866 of 2024 is allowed, and the Writ Petition in W.P. No.24576 of 2025 is closed. No costs. Consequently, connected miscellaneous petitions are closed. 25-07-2025 Index: Yes/No Speaking/Non-speaking order Lbm Note:

Issue order copy on 01.08.2025

C.KUMARAPPAN J.

Lbm To:

The Tamil Nadu Teacher Education University, WP NO. 37866 OF 2024 AND WP No. 24576 of 2025 AND WMP NO. 40933 OF 2024,WMP NO. 23587 OF 2025,WMP NO. 27678 OF 2025 25-07-2025