Madras High Court
Arcot Sri Mahalakshmi Women'S College ... vs The Tamil Nadu Teachers Education ... on 26 October, 2022
Author: R. Suresh Kumar
Bench: R.Suresh Kumar
W.P.No.27805 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
Writ Petition No.27805 of 2022
Arcot Sri Mahalakshmi Women's College of Education
Rep.by its Secretary A.L.Ravi, S/o D.Loganathan
Arcot-Arani Main Road, Villappakkam Post
Arcot Taluk, Ranipet District-632 521 …. Petitioner
-Vs-
1. The Tamil Nadu Teachers Education University
Rep.by its Registrar, Gangiamman Koil Street
Karapakkam, Chennai 600 097.
2.The Commissioner
School Education Department
Government of Tamil Nadu
Chennai 600 006.
(R2 suo-motu impleaded by the Court
by order dated 26.10.2022) …. Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for
the issuance of a Writ of Mandamus directing the respondent university to issue
an order for sending the 97 students admitted in B.Ed degree 2021- 2022 batch
who are now studying in 3rd semester B.Ed Course to send for teaching practice
and further direct the respondent to publish the results of 1st year B.Ed
examination of 97 students appeared from 28.02.2022 to 04.03.2022 as the
Petitioner college is granted continuation of affiliation for B.Ed degree course for
academic Year 2021-2022 by order dated 23.09.2022.
1 / 10
https://www.mhc.tn.gov.in/judis
W.P.No.27805 of 2022
For Petitioner : Mr.P.Ebenezer Paul
For Respondents : Ms.S.Buvaneswari – for R1
Mr.R.Kumaravel
Additional Government Pleader – for R2
ORDER
Heard Mr.P.Ebenezer Paul, learned counsel for the petitioner and Ms.S.Buvaneswari, learned Standing Counsel appearing for the first respondent. In order to have a complete and effective adjudication of the issue raised in this writ petition, the Commissioner, School Education Department, Government of Tamil Nadu, Chennai 600 006 is a necessary party and as the said authority is not a party in this writ petition, this Court suo motu impleads the said authority as one of the party respondent in this writ petition. Registry is directed to carry out the necessary amendment in the cause title.
2. The prayer sought for herein is for a Writ of Mandamus directing the respondent university to issue an order for sending the 97 students admitted in B.Ed degree 2021- 2022 batch who are now studying in 3rd semester B.Ed Course to send for teaching practice and further direct the respondent to publish the results of 1st year B.Ed examination of 97 students appeared from 28.02.2022 to 04.03.2022 as the Petitioner college is granted continuation of affiliation for B.Ed degree course for academic Year 2021-2022 by order dated 23.09.2022.
2 / 10 https://www.mhc.tn.gov.in/judis W.P.No.27805 of 2022
3. Insofar as the petitioner institution is concerned, it is a recognized teacher education institution conducting B.Ed course duly recognized by National Council for Teacher Education (Southern Regional Council) ( In short ' NCTE- SRC). The institution is also affiliated to the first respondent University. When that being so, insofar as the academic year 2021-22 the petitioner admitted 97 students within the permissible intake and after admission was over on 02.09.2021, for certain reasons, that means alleged deficiencies in the infrastructural and instructional facilities, the NCTE-SRC withdrew the recognition of the petitioner institution.
4. As against the said withdrawal of recognition, the petitioner preferred an appeal before the National Council for Teacher Education, New Delhi being the appellate authority and when the said appeal was pending before the said authority, the petitioner also moved a writ petition before the Delhi High Court and the said writ petition was ordered by the Delhi High Court stating that the order of withdrawal made by the NCTE-SRC would take effect only from the next academic year ie., from 2022-23 and not from 2021-22.
5. Pursuant to the said order passed by the Delhi High Court, the National Council for Teacher Education, New Delhi has passed the following order on 07.12.2021.
3 / 10 https://www.mhc.tn.gov.in/judis W.P.No.27805 of 2022 “ In compliance of order dated 17.11.2021 passed by Hon'ble High Court of Delhi in case titled as Arcot Mahalakshmi Women's College of Education (B.Ed) versus National Council for Teacher Education & Anr. In W.P.(C) No.12956/2021, Arcot Mahalakshmi Women's College of Education, Arani Main Road, Vellapakkam- 632521, Vellore District, Tamil Nadu, the institution is entitled to participate in the counseling for the academic session 2021-22. The institution may take up the matter with the Affiliating University for counseling purpose by quoting this order.”
6. Thus, the recognition if at all withdrawn by the NCTE-SRC, has been restored at least for the academic year 2021-22 and pursuant to which, the first respondent University also, though initially had withdrawn the affiliation, subsequently pursuant to the order passed by the Court, has restored the affiliation by order dated 23.09.2022. Therefore, insofar as the academic year 2021-22 is concerned, there has been a valid recognition from the NCTE and valid affiliation from the first respondent University during which year only 97 students have been admitted. Therefore, the students are entitled to pursue the course.
7. When that being so, since the said 97 students were not permitted to write the first year examination during the academic year 2021-22, the petitioner 4 / 10 https://www.mhc.tn.gov.in/judis W.P.No.27805 of 2022 approached this Court and obtained an order, under which a direction was given to the respondent University to permit the 97 students to write the first year examination, pursuant to which the students have written the examination, however the results were not published.
8. In the meanwhile, the students have to be sent for teaching practice in various schools and the said practice should have been commenced from 01.08.2022, however insofar as the 97 students of the petitioner institute are concerned, the students have not been sent for such practical training. Therefore, in order to send the students for practical training and to publish the results of the first year examinations conducted by the respondent University, the present writ petition has been filed.
9. Heard Mr.P.Ebenezer Paul, learned counsel for the petitioner, Ms.S.Buvaneswari, learned Standing Counsel appearing for the first respondent and Mr.R.Kumaravel, learned Additional Government Pleader for the second respondent who is newly impleaded.
10. Learned Standing Counsel appearing for the respondent University on instructions would submit that, the first year examination results of the students have been published by the respondent University. The said statement made by 5 / 10 https://www.mhc.tn.gov.in/judis W.P.No.27805 of 2022 the learned Standing Counsel is hereby taken on record. Insofar as the practical training or teaching practice is concerned, hitherto the practice which was adopted by the University was a different one and this year, the second respondent has issued a Circular dated 30.07.2022 under which the second respondent himself would allot the students of various teacher education institutions affiliated to the respondent University for sending them to practical training and in this regard, the communication issued by the second respondent dated 30.07.2022 has been produced by the learned Standing Counsel. In the said communication, inter alia the following has been stated.
“gp/vl;. vk;/vl; gapYk; khzth;fs; xt;bthU Mz;Lk; Mrphpah; gapw;rpf;fhf Rkhh; 80 ehl;fs; muRg; gs;spfSf;Fr; bry;fpd;wdh;/ ,g;gapw;rp khzth;fSf;fhd gs;sp xJf;fPli ; l me;je;j khtl;l Kjd;ikf; fy;tp-khtl;lf;fy;tp mYtyh;fns bra;JtUfpd;wdh;/ elg;g[f; fy;tp Mz;L Kjy;. ,e;j xJf;fPL jkpH;ehL Mrphpah;
fy;tpapay; gy;fiyf;fHfj;jpd; (TNTEU)
tHpfhl;LjYld; gs;spfy;tpj;Jiw
Mizaufj;jhy; muR kw;Wk; muR cjtp bgWk;
gs;spfSf;F neuoahf xJf;fPL bra;ag;gLk;/
vdnt khtl;l Kjd;ikf; fy;tp-khtl;l fy;tp
6 / 10
https://www.mhc.tn.gov.in/judis
W.P.No.27805 of 2022
mYtyh;fs; ve;j xJf;fPLk; bra;a
ntz;oajpy;iy/
xt;bthU gs;spf;Fk; xJf;fg;gl;l gapw;rp
khzth;fspd; gl;oay; khtl;lk;. tl;lhuk;
thhpahf ,f;fojj;Jld; mDg;gg;gLfpwJ/
,g;gl;oay; TNTEU tHpahf me;je;j
fy;Y}hpfSf;Fk; mDg;gg;gl;Ls;sJ/ ,e;j
xJf;fPl;oy; fy;Y}hpfSf;F VnjDk; rpukk;
,Ue;jhy;. mth;fs; mij TNTEU tplk;
neuoahff; bfhz;L bry;th;/ xt;bthU
fy;Y}hpapypUe;Jk; xt;bthU gs;spf;Fr; bry;Yk;
bkhj;j khzth;fspd; vz;zpf;if kl;Lnk Mizaufj;jhy; xJf;fg;gl;ls;sJ/ xt;bthU gs;spf;Fk; ve;j khzth;fis xJf;FtJ vd;gij mf;fy;Y}hpna Kot[ bra;a[k;”
11. Relying upon this communication, the learned Standing Counsel appearing for the respondent University would submit that, the allotment of students for teaching practice since has to be done only by the second respondent, the respondent University does not have any say in this regard, she contended.
7 / 10 https://www.mhc.tn.gov.in/judis W.P.No.27805 of 2022
12. I have heard Mr.R.Kumaravel, learned Additional Government Pleader appearing for the second respondent, who would submit that in view of the subsequent development where the recognition has been restored and the affiliation of the University has also been restored, there could be no impediment for the students to be sent to teaching practice and therefore, based on the guidelines issued by the second respondent dated 30.07.2022, suitable orders would be passed in respect of the 97 students of the petitioner institute also for the academic year 2021-22.
13. Having heard the said submission of the learned counsel for the parties and having regard to the facts of the case where the withdrawal of recognition since has been restored and the affiliation also has been restored by the respective authorities ie., National Council for Teacher Education as well as the first respondent University for the academic year 2021-22 and in which year alone the 97 students have been admitted in the petitioner institute, this Court feels that there could be no further impediment for the respondents to send those students for teaching practice which already commenced sometime in August 2022.
14. In that view of the matter, this Court is inclined to dispose of this writ 8 / 10 https://www.mhc.tn.gov.in/judis W.P.No.27805 of 2022 petition with the following order.
● That there shall be a direction to the respondents to consider the plea of the petitioner institute for sending the 97 students admitted in B.Ed course in the academic year 2021- 22 for teaching practice and an order to that effect shall be passed identifying the schools where these students have to be sent for training by the second respondent.
● The order so passed shall be communicated to the first respondent University with a copy marked to the petitioner institute within a period of one week from the date of receipt of a copy of this order.
● Insofar as the declaration of the results of the 1st year examination of those 97 students is concerned, as the learned Standing Counsel appearing for the University on instructions would submit that the results have already been published, the same is hereby taken on record as the second limb of the prayer has been accomplished.
With the above directions, this writ petition is disposed of. No costs.
26.10.2022 Index : Yes/No Internet : Yes/No KST R. SURESH KUMAR, J.
9 / 10 https://www.mhc.tn.gov.in/judis W.P.No.27805 of 2022 KST To
1. The Registrar Tamil Nadu Teachers Education University Gangiamman Koil Street Karapakkam, Chennai 600 097.
2.The Commissioner School Education Department Government of Tamil Nadu Chennai 600 006.
W.P.No. 27805 of 2022
26.10.2022 10 / 10 https://www.mhc.tn.gov.in/judis