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Madras High CourtWP(MD)/3630/2022allowed

St. Josephs College Of Education v. The Registrar

2022-06-16Honourable Mr Justice R.Vijayakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)Nos.3163 & 4731 of 2022 St.Joseph's College of Education represented by its Secretary Mr.L.Damy Suraj Joseph Nagar, Puthukulam Post, Sathankulam, Thoothukudi District.

... Petitioner Vs.

The Registrar Tamil Nadu Teachers Education University Kangaiamman Kovil Street, Karapakkam, Chennai- 600 097.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to permit the 100 students (students list enclosed in annexure separately) to write their first semester Examination of B.Ed., for the academic year 2021-2022 to be held on 28.02.2022 onwards and consequently direct the respondents to grant approval to the students admitted in the college.

For Petitioner : Mr.V.Selvaraj for Mr.Robert Bruce. C For Respondent : Mr.F.Deepak Standing Counsel

ORDER

The present writ petition has been filed by a Teacher Training College seeking a writ of Mandamus, directing the respondent University to permit 100 students as per the list enclosed to appear for the first semester examination of B.Ed., for the academic year 2021-2022 and direct the respondents to grant approval to the students admitted in the said college. Admittedly, the petitioner Institution was granted recognition by the National Council for Teacher Education on 18.10.2005, pursuant to the said recognition issued by National Council for Teacher Education, the 1/3

respondent University has granted affiliation. The latest order of affiliation by the respondent University is dated 31.01.2019, granting affiliation of the Academic year 2020-2021.

2. However, National Council for Teacher Education have chosen to withdraw the recognition on 29.07.2021, which resulted in consequential cancellation of the affiliation by the respondent University. The said order of cancellation of the recognition was revoked by the National Council for Teacher Education on 22.10.2021 and a positive order granting recognition was passed on 29.11.2021. Thereafter, the petitioner Institution has applied for fresh affiliation for the academic year 2021-2022 and the same is pending before the respondent University.

3. The writ petitioner has come out with present writ petition on the ground that the affiliation application has been filed in time and the same has to be considered by the syndicate of the respondent University. Since there was a delay in conducting the syndicate meeting, the students are put to difficulty. By way of interim order of this Court, the students of the petitioner Institution have already appeared for the said examination. However, the results have been withheld.

4. The learned Counsel for the respondent University submitted that the petitioner Institution has filed a fresh application seeking affiliation of their Institution in time and the same is under consideration by the syndicate. From the facts narrated above, it could be found that the Institution has applied for fresh affiliation before the respondent University in time and only the University is taking time to convene their syndicate meeting to ratify the admissions made by the petitioner Institution for the academic year 2021-2022. Due to the delay on the side of the respondent University, the students admitted in the petitioner Institution cannot be put to any suffering. In view of the above said discussion, this Court finds that the respondent University could be directed to approve the list of the students admitted by the petitioner Institution and to publish the result for which they have appeared pursuant to the orders of this Court.

5. The writ petition is allowed to the extent that a direction is issued to the respondent University to grant approval to the 100 students admitted in the petitioner college for B.Ed., course in the academic year 2021-2022 and publish the results of the examination for which they have appeared in February 2022. The respondent is directed to place the issue before the next syndicate meeting for consideration. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order and the said exercise shall be completed before the last date of submission of application form for the next semester examination.

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6. The Writ Petition stands allowed.

No costs.

Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-III) // True Copy // /06/2022 Sub Assistant Registrar(CS) jbr To The Registrar Tamil Nadu Teachers Education University Kangaiamman Kovil Street, Karapakkam, Chennai- 600 097.

+1 CC to M/s.C. ROBERT BRUCE, Advocate ( SR-26290[F] dated 17/06/2022 ) +1 CC to M/s.F. DEEPAK, Advocate ( SR-26291[F] dated 17/06/2022 ) Order made in 16.06.2022 tp(CO) TR(27.06.2022) 3P 4C 3/3