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Madras High CourtWP(MD)/15250/2022allowed

Sri Ram Nallamani Yadava College Of Education v. The Registrar

2022-07-13Honourable Mr Justice G.R.Swaminathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15250 of 2022 and W.M.P.(MD)No.10922 of 2022 Sri Ram Nallamani Yadava College of Education, Rep. by its Chairman Mr.N.Manimaran Nallamani Nagar, Kodikurichi, Tenkasi-627 804.

... Petitioner Vs.

The Registrar Tamil Nadu Teachers Education University, Kangaiammankoil Street, Karappakkam, Chennai 600 097.

... Respondent Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to permit the 171 students (students list enclosed in annexure separately) to write their 2nd semester examination of B.Ed for the academic year 2021-2022 to be held from 15.07.2022 onwards or any other subsequent dates and publish the result.

For Petitioner : Mr.C.Robert Bruce For Respondent : Mr.F.Deepak Standing Counsel 1/5

O R D E R

Heard the learned counsel on either side.

2. The petitioner is imparting education in B.Ed degree course. Its recognition was cancelled by NCTE on 05.02.2021. The petitioner filed an appeal before the appellate committee. The appellate committee remanded the matter on 02.09.2021. Thereafter, NCTE passed an order on 29.11.2021 continuing the recognition earlier granted. In the mean while, the respondent University withdrew the affiliation granted by the petitioner herein. The petitioner admitted as many as 171 students as against the permitted intake of 200 students for the academic year 2021-2022. They were permitted to write the first semester examination by the order of this Court. W.P.(MD)No.3734 of 2022 was also allowed by this Court and the results were ordered to be declared of-course subject to the approval of the syndicate of the respondent University. While so, the present writ petition has been filed.

3. The reason for filing this writ petition is the holding of the second semester examination from 15.07.2022 onwards. Since NCTE 2/5

had already continued the petitioner's recognition and since the role of the State is rather limited, one can reasonably expect that the syndicate would grant the affiliation in favour of the petitioner. However, as regards the granting approval of the admission of the students, ofcourse, the University will carry out the verification exercise if there has been due compliance with all the formalities. 4.The petitioner's counsel states that all the 171 students were admitted before the cut-off date and all the formalities have been fulfilled. If the syndicate grants approval to the admission of the 171 students mentioned in the present writ petition and they are not permitted to write the second semester examination, they would suffer irreparable hardship and loss. The petitioner's counsel states that they may be permitted to write the second semester examination without claiming equities.

5. Recording the said undertaking, I direct the respondent to permit the petition mentioned 171 students to write their second semester examination for B.Ed course for the academic year 2021-2022 to be held 3/5

from 15.07.2022 onwards. The publication of the results would depend upon the decision to be taken by the syndicate of the respondent University.

6. The Writ Petition is allowed to this extent. No costs. Consequently, connected miscellaneous petition is closed. 13.07.2022 Index : Yes / No Internet : Yes/ No rmi NOTE: Issue Order Copy on 13.07.2022 4/5

G.R.SWAMINATHAN,J.

rmi W.P.(MD)No.15250 of 2022 13.07.2022 5/5