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Madras High Court

Unknown vs The Registrar on 10 March, 2023

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                             W.P.No.7257 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 10.03.2023

                                                     CORAM

                                  THE HONOURABLE MR. JUSTICE M.DHANDAPANI

                                               W.P.No.7257 of 2023
                                         and W.M.P.Nos.7300 & 7302 of 2023


                     1.Vinova Jacob Santhosh.V
                     2.A.Ananthi
                     3.A.Archana
                     4.R.Aswini
                     5.S.Dhanalakshmi
                     6.T.Divya Bharathi
                     7.B.Gavaskar
                     8.C.Gayathri
                     9.J.Gayathri
                     10.A.Gayathri
                     11.A.Geetha
                     12.S.Giridharan
                     13.R.Gokul
                     14.R.Gopika
                     15.E.Hariharan
                     16.S.Hemalatha
                     17.Heshwanthi
                     18.J.Jayachitra
                     19.V.Jayalakshmi
                     20.R.Komala
                     21.D.Malathi
                     22.A.Malathi
                     23.M.Manikandan
                     24.R.Manju

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                                               W.P.No.7257 of 2023

                     25.D.Mohan
                     26.A.Monisha
                     27.N.Nagendiran
                     28.M.Parthasarathy
                     29.M.Parvathi
                     30.B.Piruthviraj
                     31.G.V.Pooja
                     32.S.Pradheep kumar
                     33.S.Premkumar
                     34.P.Priyanka
                     35.R.Rajeshwari
                     36.S.Reshma
                     37.S.Sandhiya
                     38.P.Sarankumar
                     39.S.Sathiyavath
                     40.S.Sentamil Selvi
                     41.B.Shayira Begam
                     42.M.Sugumar
                     43.T.Tamilselvan
                     44.R.Theerthasamy
                     45.S.Thenmozhi
                     46.D.Udhayakumar
                     47.P.Vinolin Kamesh
                     48.K.Chandra Baskar
                     49.A.Aishwariya
                     50.M.S.Ajitha
                     51.S.Bharath
                     52.A.Devi
                     53.S.Gunavanthi
                     54.M.Hamavathi
                     55.D.Janaki
                     56.S.Jothi
                     57.N.Krishna Kumar
                     58.P.Lavanya
                     59.P.Monika
                     60.B.Preetha

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                                                                          W.P.No.7257 of 2023

                     61.S.Nithya
                     62.P.Premkulmar
                     63.G.Priya
                     64.S.Rajathi
                     65.M.Ranjith kumar
                     66.M.Sathya
                     67.P.Swaran
                     68.K.Swetha
                     69.S.Swetha
                     70.V.Vaishalini
                     71.R.Velu
                     72.K.Vijayakumari
                     73.S.Vikjayaselvarani
                     74.S.Vimal Kumar
                     75.D.Vinod
                     76.M.Yuvaraj
                     77.S.Ganapathi                                .. Petitioners

                                                       Vs.

                     1. The Registrar,
                        Tamilnadu Teachers Education University,
                        Gangaiamman Koil Street,
                        Karapakkam, Chennai-600 097.

                     2.The Commissioner of School Education,
                       D.P.I.Complex, College Road,
                       Chennai-600 008.

                     3.The Correspondent,
                       Kalaibharathi B.Ed College,
                       Padmapuram Village,
                       Erumbi Post, Pallipet Taluk,
                       Thiruvallure District-631302                  .. Respondents



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                                                                                     W.P.No.7257 of 2023

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India, to

                     issue a Writ or Order or Direction more particularly a Writ of Mandamus, to

                     direct the 1st respondent herein to publish the result of the 1st semester

                     examination insofar as the petitioners 49 to 77 are concerned, allow all the

                     petitioners to participate in the 2nd semester examination.



                                  For Petitioners   : Mr. G.Sankaran
                                                      for M/s.J.Jayendrakrishnan

                                  For Respondents : Mr.E.Veda Bagath Singh
                                                    Special Government Pleader for R1 & R2

                                                    : M/s.S.Buvaneswari for R3




                                                          ORDER

This Writ Petition has been filed seeking a direction to the 1st respondent to publish the result of the 1st semester examination with respect to the petitioners 49 to 77 and allow all the petitioners to participate in the 2nd Semester examination.

4 https://www.mhc.tn.gov.in/judis W.P.No.7257 of 2023

2. It is the case of the petitioners that the 3rd respondent college which holds recognition for conducting B.Ed course since 2007, was issued with a show cause notice dated 22.08.2019 calling upon to submit certain documents. Though the documents sought for in the said notice were submitted along with a reply, however, the recognition which was granted to the 3rd respondent college was withdrawn by the Southern Regional Committee of the National Council for Teacher Education vide order dated 21.02.2020, against which, W.P.No.13418 of 2020 was filed before this Court which was disposed of with a direction to the 3rd respondent college to prefer an appeal, pursuant to which, appeal was preferred. However, the said appeal was rejected vide order dated 25.02.2022. As against the said rejection order, W.P.(C).No.8480 of 2022 was filed before the Delhi High Court which was allowed, pursuant to which, continuous recognition was granted to the 3rd respondent college vide order dated 25.07.2022.

3. In the meantime, the petitioners were admitted for B.Ed Course in the 3rd respondent college for the academic year 2021-2023 but, they were 5 https://www.mhc.tn.gov.in/judis W.P.No.7257 of 2023 not allowed to appear for the 1st semester Examination, which resulted in filing of Writ Petition before this Court in W.P.No.4500 of 2022, in which an interim order came to be passed, pursuant to which, the petitioners were allowed to participate in the said Examination, however, the results for the said Examination were published only in respect of the petitioners 1 to 48 and the results were not published with respect to the other petitioners. Thereafter, the 2nd semester examination came to be scheduled on 15.07.2022 in which the petitioners were not allowed to participate, as continuous recognition was granted only subsequent to the scheduling of the 2nd semester Examination. Subsequently, the circular for teaching practice also came to be issued on 18.02.2023. In the above circumstances, the petitioners made a collective representation before the 1st respondent on 21.02.2023 seeking permission to participate in teaching practice as well to write the 2nd semester examination. However, till date, no action has been taken on the said representation. Hence, the present petition has been filed.

4. Learned counsel for the petitioners submitted that in view of the aforesaid circumstances, this Court may issue a direction to the 1 st 6 https://www.mhc.tn.gov.in/judis W.P.No.7257 of 2023 respondent to permit the petitioners to participate in the 2nd semester examination and further allow them to participate in teaching practice.

5. Learned Special Government Pleader submits that the petitioners herein who are the students of the 3rd respondent College would be allowed to participate in the 2nd semester Examination and thereafter they will be allowed to participate in teaching practice.

6. In view of the aforesaid submissions and the relief sought for in this Writ Petition, this Court, without going into the merits of the case, is inclined to issue a direction to the 1st respondent to permit the petitioners to participate in the 2nd semester Examination and thereafter allow the petitioners to appear for the 3rd semester (i.e., participation in Teaching practice). If the petitioners want to participate in the arrears examination of the 1st semester, they are at liberty to make appropriate application for the same before the 1st respondent. On such application being filed, the 1st respondent shall consider the same and allow the petitioners to participate in the said examination.

7 https://www.mhc.tn.gov.in/judis W.P.No.7257 of 2023

7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition stands closed.

10.03.2023 NHS Note to Office :

Issue order copy on 16.03.2023 To
1. The Registrar, Tamilnadu Teachers Education University, Gangaiamman Koil Street, Karapakkam, Chennai-600 097.
2.The Commissioner of School Education, D.P.I.Complex, College Road, Chennai-600 008.
3.The Correspondent, Kalaibharathi B.Ed College, Padmapuram Village, Erumbi Post, Pallipet Taluk, Thiruvallure District-631302 8 https://www.mhc.tn.gov.in/judis W.P.No.7257 of 2023 9 https://www.mhc.tn.gov.in/judis W.P.No.7257 of 2023 M.DHANDAPANI, J.

NHS W.P.No.7257 of 2023 10.03.2023 10 https://www.mhc.tn.gov.in/judis