The Secretary v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.4507 of 2018 and WMP(MD).Nos.4614 and 4615 of 2018 The Secretary St.Charles Society Madurai Thanakkankulam Thirunagar Post, Madurai 625 006 ... Petitioner Vs.
1.The State of Tamil Nadu, Represented by its Secretary Department of Higher Education, Fort St., George, Chennai 600 009 2.The National Council for Teacher Education Represented by its Secretary, Hans Bhawan, Wing -II Zafar Marg (Near ITO), New Delhi 110 002 3.The Regional Director, The Sourthern Regional Committee National Council for Teacher Education Jana Bharathi Campus Road, Opp.National Law School, Nagarabhavi, Bangalore 560 072.
4. Tamil Nadu Teachers Education University, Represented by its Registrar, Gangaiamman Koil Street, Karapakkam, Chennai 600 097 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 2nd respondent NCTE, New Delhi in F.No.89-529/E-8493/2017 Appeal/ 18th Meeting-2017/60901 dated 29.11.2017 and quash the same and consequently direct the 2nd and 3rd respondents to grant recognition forthwith to the petitioner college for starting 4 year integrated
programme leading to B.Sc., B.Ed., Degree Course from the forthcoming Academic Year.
For Petitioner : Mr.K.Prabhu For R-1 : Mr.Gunaseelan Muthiah Additional Government Pleader For R2 and R3 : Mr.S.U.Srinivasan
ORDER
The petitioner's society had submitted on-line application to the second respondent seeking for grant of recognition that the 4-years integrated programme of B.Sc.B.Ed.,/B.A.B.Ed., for the academic year 2017-2018, which came to be rejected by the third respondent on 10.02.2017 on the ground that the petitioner did not obtain No Objection Certificate from the affiliated University. 2.It is now brought to my notice that on 06.02.2018, the affiliating university had also issued No Objection Certificate in favour of the petitioner to start B.Sc.,B.Ed., in the year 20182019 and in this regard, he had made fresh request on 09.02.2018 to the second respondent herein along with the No Objection Certificate. Since his request dated 09.02.2018 has been kept pending, the present writ petition has been filed. 3.
Though the petitioner has sought for a direction to quash the earlier order dated 29.11.2017 and consequential direction to the second and third respondents, the learned counsel for the petitioner submits that he would be satisfied, if a direction is given to the second respondent to consider his application dated 01.06.2016 along with No Objection Certificate submitted by him on 09.02.2018, within a stipulated time.
4.I do not think that such relief would cause prejudice to the second respondent.
5. In the result, this Writ petition is ordered with a direction to the second respondent to consider the petitioner's representation dated 01.06.2016 along with No Objection Certificate, which was obtained by the petitioner from the affiliating university and submitted to them on 09.02.2018 within a period of six weeks from the date of receipt of a copy of this order.
6. With the above observation, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar
To The Secretary, The State of Tamil Nadu, Department of Higher Education, Fort St., George, Chennai 600 009.
+ 1 cc TO Mr.SU.Srinivasan , Advocate in SR No. 61086 + 1 cc TO M/S.ISAAC CHAMBERS , Advocate in SR No. 61291 msa AE/KKR/SAR2/26.04.2018/3P/4C W.P.(MD) No.4507 of 2018 and WMP(MD).Nos.4614 and 4615 of 2018 12.04.2018