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2.2. It is stated that the said Venkateswara Teacher Training Institute, Puducherry has commenced D.T.Ed. course from the academic year 2004-2005 on the basis of a No Objection Certificate issued by the Government of Puducherry in the order dated 30.1.2004 for an intake of 100 seats as per the norms of the National Council for Teacher Education (NCTE). It is stated that the NCTE has also granted recognition on 28.10.2004 for an intake of 100 students. The petitioner/institution is unaided self-financing institution and even though it is entitled to fill up all the 100 seats by itself, it has originally surrendered 20% of the seats to Government of Puducherry and thereafter offered 50% of the seats for students sponsored by the Government of Puducherry in the year 2006 to be filled up through CENTAC. As per G.O.Ms.No.64, Chief Secretariat (Education-I), dated 25.5.2006 in respect of 50% of the seats to be filled up through CENTAC, the same has been directed to be filled from the candidates domiciled in the Union Territory of Puducherry.

3.3. In the year 2006, there were no students available to be sponsored through CENTAC in the said 50% of seats and as a last chance, to avoid wastage of seats, students were admitted from other States and that was approved by the Directorate of School Education, Puducherry. Again in the year 2007-2008, for the 50 CENTAC seats advertisement was made and there was no sufficient response from the persons domiciled in Puducherry and the representations were made seeking permission to admit students of the petitioner's choice. Thereafter, the petitioner/ institution has advertised about the vacancies in the newspapers for admitting students domiciled in Puducherry and there was no response and therefore, the petitioner/institution was constrained to admit 48 students from Tamil Nadu who applied for admission. The list of 100 candidates admitted through CENTAC and management quota was forwarded for approval. It is stated that number of these students belong to OBC, MBC and SC category and are eligible for relaxation and that the students have completed the minimum 220 working days required for completing the first year course and also underwent the mandatory 40 days teaching practice successfully in different recognized schools.

"a) A candidate should have passed the Higher Secondary Examination or its equivalent with 45% of marks in aggregate (not below 540 out of 1200)
b) The 45% of marks in the Higher Secondary examination will be inclusive of First Improvement only
c) For Schedule Caste and Scheduled Tribe applicants, a mere pass in the Higher Secondary examination is enough"

4.3. It is stated that out of 100 students to be admitted per year, the management can fill up 50% of seats while the remaining 50% are to be filled through CENTAC and the Government of Puducherry has not sponsored the required number of students for many years resulting in lapsed category in which the private institutions after following the procedure have admitted students. It is stated that the Government of Puducherry could not fill up the CENTAC quota seats for the academic year 2008-2009, the CENTAC system discontinued and the petitioner and other institutions were permitted to fill up all seats and therefore, the petitioner has admitted students for D.T.Ed. course for the academic year 2008-2009. Since there were no sufficient takers of seven seats, students belonging to SC and ST community, who scored marks above 40% and below 45% in the qualifying examination were admitted based on the direction of the fourth respondent in this writ petition, namely the Director, Directorate of Teacher Education, Research and Training, Chennai relating to admission in the State of Tamil Nadu.

20.3. For the year 2007, when 50 seats were sought to be filled up by CENTAC by notification, the Directorate of School Education, Puducherry was able to forward only 36 seats for admission and the balance 14 seats remained unfilled and at the request of the petitioner/ institution the Government of Puducherry again published notification calling for admission to D.T.Ed. course from persons domiciled in Puducherry and there was no response and it is stated that the petitioner/ institution itself has again advertised in the leading newspapers and not even a single candidate from Puducherry came forward to apply and therefore, the petitioner/institution was constrained to admit 14 qualified students from the State of Tamil Nadu who applied for admission and after that the list was sent for approval to the Directorate of School Education, Puducherry. The Directorate of School Education, Puducherry has approved the admission of students under CENTAC quota and management quota, but did not pass any orders regarding the 14 students admitted under the lapsed category who belonged to OBC/MBC and SC categories. Since approval has not been granted by the Directorate of School Education, Puducherry on the basis that the admission has been done in violation of G.O.Ms.No.64, Chief Secretariat (Education-I), dated 25.5.2006 stipulating domicile condition for admission under CENTAC quota, the petitioner/institution has challenged the said government order and also sought permission regarding the 14 students as stated above. The names of the said 14 students have already been elicited above in paragraph 2.7.