Madras High Court
D.Oliver vs The Registrar on 14 September, 2017
Author: K.Kalyanasundaram
Bench: K.Kalyanasundaram
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.09.2017
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
W.P.(MD)No.10749 of 2016
and
W.M.P(MD)No.8329 of 2016
D.Oliver ... Petitioner
-Vs-
1.The Registrar
Tamil Nadu Teachers Educational University,
Gangaiamman Kovil Street,
Karapakkam,
Chennai.
2.The Registrar,
Manonmaniyam Sundaranar University,
Tirunelveli.
3.The Correspondent,
Akshaya College of Education,
Karthigaipatti Village,
Malli Post,
Srivilliputtur Taluk,
Virudhunagar District. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India praying for issuance of a Writ of Certiorarified Mandamus, calling for
the records pertaining to the order passed by the 1st respondent in his
proceedings No.TNTEU/Elig/2016/188 dated Nil and Quash the same, and direct
the respondents to approve the B.Ed., admission of the petitioner.
!For Petitioner : Mr.V.Panneer Selvam
^For R-1 : Mr.V.Venkatesan
For R-2 : Mr.Marees Kumar
for Ajmal Associates
For R-3 : No Appearance
:ORDER
Challenge in this writ Petition is to the order of the first respondent in his proceedings No.TNTEU/Elig/2016/188.
2. The case of petitioner is that he passed in 10th standard in the year 2005, then, he appeared for +2 examination in September 2007. Since he failed in the +2 examination, he joined in Degree Bridge course II year in the second respondent University. After completing the Bridge course, he studied B.Lit., and passed the course in the month of May 2014.
3. The petitioner would state that he applied B.Ed course in the 3rd respondent college. The application was accepted and he was regularly attending the college and also paid necessary fees. However, by the impugned order, the first respondent held that the petitioner is not eligible for the admission for B.Ed., course.
4. According to the petitioner, although he failed in +2 exam, completion of Bridge course - II year offered by the second respondent is equivalent to pass in the 12th standard. However, the first respondent, without considering this aspect, passed the impugned order.
5. The learned counsel for the petitioner would submit that the order is being passed in violation of the Principles of Natural Justice as the petitioner was not afforded an opportunity before passing the order. It is further contended that the second respondent university has given a letter dated 13.06.2016, stating that the pass in Bridge course - II year conducted by the university is equivalent to pass in 12th standard, So, the order is liable to be set aside.
7. Per Contra, the learned counsel for the first respondent contended that G.O.No.168, Higher Education Department dated 07.07.2015, prescirbes qualification for admitting students in B.Ed., Course and as per the Government Order, the students should have undergone 10+2+3 (15) or 11+1+3(15), but the petitioner has not complied the criteria, hence, there is no illegality in the impugned order.
8. Heard, V.Panneer Selvam, learned counsel for the petitioner, Mr.V.Venkatesan, learned counsel for the first respondent and Mr.Marees Kumar, learned counsel for the second respondent.
9. It is not in dispute that the petitioner had passed Bridge Course offered by the second respondent university. The letter issued by the second respondent would reveal that pass in Bridge course is equivalent to pass in 12th standard and this course is offered in accordance with the resolution of the Standing Committee on Academic Affairs (SCAA), which was also approved by the Syndicate of the second respondent university. Indisputably, the petitioner has passed 11th standard, Bridge Course and U.G.-(11+1+3=15) and thereby qualifying himself to get admission of B.Ed., Course.
10. Considering the above undisputed facts, the order impugned in this writ petition is set aside. This Writ Petition is allowed. No costs. Consequently, connected M.P. is closed.
To
1.The Registrar Tamil Nadu Teachers Educational University, Gangaiamman Kovil Street, Karapakkam, Chennai.
2.The Registrar, Manonmaniyam Sundaranar University, Tirunelveli.
3.The Correspondent, Akshaya College of Education, Karthigaipatti Village, Malli Post, Srivilliputtur Taluk, Virudhunagar District.
.