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2008 Supreme(Mad) 215

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S.J. MUKHOPADHAYA & THE HONOURABLE MR. JUSTICE N. PAUL VASANTHAKUMAR
Evva Memorial Teacher Training Institute & Another
Versus
The Regional Director, National Council for Teacher Education, Southern Regional Committee, 1st Floor, CSD Building, HMT Post, Bangalore - 560 031 & Others
W.A.Nos.82 of 2007, 83 & 234 of 2007 & W.P.Nos.624, 14729 & 18967 of 2007
Decided on : 23-01-2008

Advocates Appeared:
For the Petitioners:Vijay Narayan, Senior Counsel for S. Kamadevan, T.V. Badrinarayan, K. Sridhar, Advocates.
For the Respondents:P.R. Gopinath, Advocate, Dakshayani Reddy, Government Advocate.

Transfer of management is permissible under the National Council for Teachers Education Act, 1973.

Headnote:National Council for Teachers Education Act, 1993-Teachers Training Institute-Recognition order issued by NCTE and NOC issued by State Govt.-Agreement done for transfer of certificates of recognition and NOC-held, transfer of management permissible but transfer of certificate of recognition and No objection certificate not permissible-agreement not legally sustainable which is opposed to public policy.

       

Judgment :-

(N. Paul Vasanthakumar, J.)

W.A.Nos.82, 83 and 234 of 2007 arise from the common order made in W.P.Nos.27148, 46406 and 27148 of 2006 respectively. W.A.Nos.82 and 83 of 2007 are filed by one S.Jayaparvathi, claiming herself as correspondent of Evaa Memorial Teacher Training Institute. W.A.No234 of 2007 is preferred by one K.Ravi, who is the Agreement Holder of Evaa Memorial Teachers Training Institute.

2. W.P.No.624 of 2007 is filed by the S.Jayaparvathi, claiming herself as Correspondent of Evva Memorial Teacher Training Institute, wherein the order of the Regional Director Southern Regional committee, NCTE, dated 12. 2006 in which the request for shifting the location of Teachers Training Institute was rejected with a consequential direction to approve the shifting of the Teacher Training Institute from Thippampatti, Pollachi Taluk, Coimbatore District to Annai Sathya Nagar, Madathukulam, Udumalapet Taluk, Coimbatore District.

3. W.P.No.14729 of 2007 is also filed by the said S.Jayaparvathi for issuing a writ of mandamus directing the Director of Teacher Education Research and Training and the Principal, DIET, Tirumurthi Nagar, Coimbatore, to depute 2005-2006 batch of students of her Institute for teaching practice and commission work and publish the first year results of the examinations held from 112. 2006, so as to enable them to complete the second year examination.

4. W.P.No.18967 of 2007 is filed by the said S.Jayaparvathi, for issuing a writ of mandamus directing the Director of Teacher Education, Research and Training, Chennai-6, and the Principal, DIET, Tirumurthi Nagar, Coimbatore to include her institute in the list of recognised Teacher Training Institute.

5. The issue involved in all the writ appeals and the writ petitions are one and the same and hence all the cases are disposed of by this common Judgment.

6. The brief facts necessary for disposal of the writ appeals and the writ petitions are as follows:

.(a) A Teacher Training Institution was said to have been established by an Educational Trust called Evva Memorial Educational Trust and the same is said to have been registered under the Tamil Nadu Societies Registration Act, in the year 1992. The said Institute obtained recognition from the competent authority of the State of Tamil Nadu in August, 1992. The said recognition was cancelled along with the recognition granted to several other similar Teacher Training Institutes, pursuant to the order passed by the Division Bench of this Court in the year 1994 in W.P.No.9494 of 1994.

.(b) The National Council for Teacher Education Act, 1993, came into force from August, 1994, pursuant to which the Evva Memorial Teacher Training Institute having its office at Sathya Nagar, Madathukulam, Udumalapet Taluk, Coimbatore District, applied for No Objection Certificate from the State Government for submitting application for recognition before the Southern Regional Committee of the NCTE under Section 14 of the NCTE Act. The State Government by order dated 19. 2004 granted NOC for establishing Teacher Training Institute (Elementary) to the said Trust on certain conditions.

.(c) Condition No.6 states that the Institution will be permanently located at Thungavai Village and the NOC was granted on the ground of having land measuring five acres shown at S.No.351/1 and 351/B, Udumalapet Taluk. Condition No.9 states that the Institution should be located temporarily in a rented building and should be shifted to its own building in its own land, within three years from the grant of recognition by the NCTE.

(d) The said Trust applied for recognition before the NCTE for the grant of recognition under section 14 of the NCTE Act, 1993. The Southern Regional Committee of NCTE having not taken any steps to consider the application for recognition, the Institute filed

writ petition before this Court and obtained an order on 8. 2004 for a direction to the NCTE to consider the application and pass orders on merits. When






















































































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