P.S.R.College Of Education v. The National Council For Teacher Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE P.S.R. College of Education, Represented by its Principal, P.Velmurugan, Appayanaickenpatti, Sevalpatti (Post), Sivakasi - 626 140.

Virudhunagar District.

... Petitioner Vs.

1.The National Council for Teacher Education, Rep by its Member Secretary, Hans Bhawan Wing II, 1, Bahadur Shah Zafar Marg, New Delhi - 110 002.

2.The Regional Director, Southern Regional Committee, National Council for Teacher Education, G-7, Sector-10, Dwarka, Near Metro Station, New Delhi - 110 075.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to reconsider the decision of rejecting of our application for the M.Ed., programme based on my representation dated 24.09.2013 followed by our last reminder dated 31.01.2022 and for consequential orders.

For Petitioner : Mr.G.R.Satish For Respondents : Mr.Su.Srinivasan Standing Counsel

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to reconsider the decision of rejecting the petitioner's application for M.Ed., programme based on the petitioner's representation dated 24.09.2013 followed by its last reminder dated 31.01.2022 within a time frame to be fixed by this Court.

2.The petitioner institution is already a recognised institution for B.Ed., course. The petitioner has applied for recognition for M.Ed., course with the respondents in the year 2013. 1/3

By order dated 18.07.2013, the respondents have rejected the petitioner's application for M.Ed., course on the following grounds: 'a) Original certified copy of the land documents from the Government authorities is not submitted. b) In the building plan submitted, survey number and earmarked area for the proposed course is not mentioned.

c) In the building completion certificate, the course name is not mentioned.'

3.According to the petitioner, on receipt of the order dated 18.07.2013 referred to supra, the petitioner has satisfied the requirements of the respondents and they have also given several representations thereafter seeking for grant of recognition for M.Ed., course. It is the contention of the petitioner that despite representations, till date, the respondents have not passed final orders regarding recognising the petitioner institution for M.Ed., course. Aggrieved by the same, this writ petition has been filed. 4.Heard Mr.G.R.Satish, learned Counsel appearing for the petitioner and Mr.Su.Srinivasan, learned Standing Counsel who accepts notice on behalf of the respondents.

5.At the outset, learned Counsel for the petitioner on instructions would submit that even though the petitioner in this writ petition has sought for reconsideration of the order dated 18.07.2013, passed by the second respondent rejecting the petitioner's application requesting for recognition for M.Ed., course, the petitioner is satisfied if a direction is issued permitting the petitioner to submit a fresh application seeking for recognition due to the lapse of time. In support of their contention, the petitioner has also placed before this Court an order dated 08.10.2021 passed by another learned Single Judge of this Court in W.P.No.20852 of 2021 in the Principal Seat, wherein the learned Single Judge in similar circumstances had permitted the educational institution to submit a fresh application seeking for recognition for M.Ed., course. In that case also, the respondents had rejected the application in the year 2013 and a direction was issued by this Court on 08.10.2021.

6.This Court after perusing and examining the said order is of the considered view that no prejudice would be caused to the respondents if such a liberty is granted to the petitioner in the instant case also. Accordingly, this Court directs the petitioner to submit a fresh application to the second respondent as per the prescribed format along with the requisite fees seeking for recognition for M.Ed course, within a period of two [2] weeks from the date of receipt of a copy of this order. On receipt of the said application, the second respondent shall pass final orders on merits and in accordance with law within a period of four [4] months 2/3

thereafter.

7.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) MR TO 1.The Member Secretary, The National Council for Teacher Education, Hans Bhawan Wing II, 1, Bahadur Shah Zafar Marg, New Delhi - 110 002.

2.The Regional Director, Southern Regional Committee, National Council for Teacher Education, G-7, Sector-10, Dwarka, Near Metro Station, New Delhi - 110 075.

+1 CC to M/s.SU.SRINIVASAN, Advocate ( SR-13811[F] dated 23/03/2022 ) +1 CC to M/s.N.K.PONRAJ, Advocate ( SR-13833[F] dated 23/03/2022 ) 23.03.2022 KG(CO) KB(04.04.2022) 3P 5C 3/3