ORDER

1. Leave granted.

2. In the State of Tamil Nadu a number of educational institutions were set up for running courses for teachers training. The respondent institutions and certain other institutions sought recognition from the Director and the Joint Director of Education of the State of Tamil Nadu for running the teachers training courses. In some cases the recognition was not accorded as the institutions did not fulfil the conditions required for setting up the Teachers Training Institution while in other cases the application for recognition was pending consideration. Indisputably none of the respondent institutions had been accorded recognition but they admitted students to the course of study for conferring the Diploma in Teachers Training. Since, the Education Department of the State Government was not willing to allow the students of such institutions to appear at the public examination held by the government, the affected institutions filed writ petitions before the High Court claiming relief for issuance of mandamus directing the government to recognise the institutions and also for a direction permitting the students to appear at the public examination with a further direction for declaring the result of the examination. A learned Single Judge of the High Court referred the matter to Full Bench.

3. The Full Bench considered the question: "Whether the students of unrecognised educational institutions can be permitted to write the public examinations held by the government." The Full Bench on an elaborate discussion held that in the absence of recognition accorded to an educational institution, the students of such institutions were not entitled to appear at the public examination held by the government. In this view of the Full Bench the students were not entitled to any relief but the Full Bench adopted a peculiar course to grant relief. The Full Bench on account of the "persistent and persuasive stand of the petitioners" issued directions to the State Government and the Education Department on humanitarian grounds directing them to hold supplementary examination for enabling the students of the concerned unrecognised institutions to appear at the examination with a condition that the declaration of their result will be subject to the ultimate settlement of the question of recognition. With these directions the Full Bench disposed of the writ petitions before it by its order dated July 24, 1990.

4. The writ petitions out of which the present appeals have arisen were filed by the unrecognised educational institutions. These petitions were heard by a Division Bench of the High Court. The Division Bench following the decision of the Full Bench in W.P. No. 2712 of 1990 and other connected matters (Fathima Secondary Grade Teachers Training Institute v. Commissioner and Secretary to Government, Education Department) issued similar directions permitting the students to appear at the examination and directing the State Government to arrange for supplementary examination to enable the students to appear at that examination. These appeals are directed against the order of the Division Bench.

5. After hearing learned counsel for the parties, we are of the opinion that these appeals must succeed. There is no dispute that the respondent educational institutions were established for imparting education in Teachers Training Course without obtaining recognition from the Education Department of the State Government. In the absence of recognition from the Education Department the students pursuing their studies in these institutions could not appear at the public examination held by the Education Department. The Full Bench rightly held that students of unrecognised educational institutions could not be permitted to appear at the public examination held by the government. On its own findings, the Full Bench should have refused relief to the petitioners, but it was persuaded to issue directions on humanitarian grounds which were in effe