Sivakumar. B v. The Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.15435 of 2022 and W.M.P.(MD)No.11069 of 2022 B.Sivakumar, Chairman, J.K.College of Education, J.K.Nagar, NH-7, Madurai Road, Begampur Post-624 001, Dindigul District.

... Petitioner vs.

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

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondent University to permit the students of petitioner Institution namely J.K.College of Education, Begampur, Dindigul District who were admitted in B.Ed and M.Ed., degree course to write the forthcoming B.Ed & M.Ed degree examinations scheduled to be commenced from 15.07.2022 and to declare their results.

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For Petitioner : Mr.M.Saravanakumar For Respondent : Mr.F.Deepak Standing Counsel

ORDER

Heard the learned counsel on either side.

2. The writ petitioner is an institution imparting teacher education. It did enjoy recognition from NCTE as well as affiliation from the respondent University. NCTE withdrew recognition on 30.07.2021. As a consequence, the respondent University also withdrew their affiliation on 11.08.2021. The petitioner filed an appeal before the appellate body. The appellate body remanded the matter on 26.11.2021. Thereafter, NCTE issued the order on 27.12.2021 for continuing recognition originally granted. The question that arises for consideration in this case is whether the students admitted by the petitioner herein for the academic year 2021-2022 can be allowed to write the second semester examinations that are scheduled to be held from 15.07.2022 onwards.

3. The issue raised in this writ petition is no longer res integra. A learned Judge of this Court in W.P.(MD)No.3775 of 2022, dated 22.06.2022 held 2/4

that if the students had been admitted when the Institution did not enjoy NCTE recognition and if the order of NCTE continuing recognition was granted only after the cut-off date ie., 13.12.2021, then, relief cannot be granted. It was specifically held that the admission of the students after the withdrawal of the recognition and cancellation of the affiliation is bad in the eye of law and the question of issuing a mandamus directing the University to approve the admission or publish the results would not arise.

4. Extending the logic, the question of directing the University to permit the students concerned to write the second semester examination also would not arise. The Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

14.07.2022 rmi NOTE:Issue Order copy on 14.07.2022 To The Registrar, The Tamil Nadu Teachers Education University, Gangaiamman Kovil Street, Karapakkam, Chennai-600 097.

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G.R.SWAMINATHAN, J.

rmi W.P(MD)No.15435 of 2022 and W.M.P.(MD)No.11069 of 2022 14.07.2022 4/4