Certificates issued by institute not as institutes not granted recognition.

1. In all these writ petitions, filed by the respective petitioners, they seek the issuance of a writ of mandamus, directing the respondents to issue duplicate certificate of the Teacher Training Examination, which was held before 1989, In all these cases, the petitioners contend that they were issued certificates, but the same were lost and though they have complied with the other formalities their request for getting the duplicate certificate is rejected. It is under the above circumstances, the petitioners seek the assistance of this Court.

2. The main contention raised by the respondents is that all these institutes were not given recognition and even the recognition granted was declared by the court as invalid. It is further contended that while declaring the recognition as invalid, the court has also further declared that the students, who have already written the examinations, will be entitled only to get the results published and they will not be entitled to any certificates or Diplomas nor the issuance of the mark sheet. In view of the said declaration by this Court, it is contended by the respondents that the issuance of duplicate certificate is also prohibited. Only if there is a valid certificate that could be issued, the question of giving a duplicate certificate will arise. The respondents do not dispute the fact that the petitioners have passed the examinations, but their only case is that the institutes, in which they were undergoing the course, were not recognised or whose recognition was declared invalid. Therefore, they are justified in not issuing the Duplicate certificates.

3. I heard the learned Advocates for the writ petitioners and also the learned Additional Government Pleader.

4. As I have said, respondents do not dispute the fact that these petitioners were successful in their examinations, and the only contention that raised is on the basis of the decision reported in P.M.Joseph v. State of Tamil Nadu and others P.M.Joseph v. State of Tamil Nadu and others P.M.Joseph v. State of Tamil Nadu and others , 1993 W.L.R. 604 where the writ petition was filed as a public Interest Litigation by one P.M.Joseph against the Government. There are about 192 institutions got recognition between January, 1992 and July, 1992 and the petitioner therein alleges that most of them were bogus institutions, that orders of recognition were issued without any reference to the District Educational Officers or the Chief Educational Officers concerned, that recognition orders have been issued by respondents 2 and 3 therein for extraneous considerations, and newspapers have reported that there was corruption in the matter of grant of recognition. It was further alleged that the rules relating to attendance and syllabus were given a go-by and persons who had no training whatever in the so-called institutes were permitted to write the examinations held in May, 1992. It was also alleged therein that a few officials working in the Secretariat and the Director of School Education have issued the orders of recognition as indicated by the Hon’ble Minister for Education.

5. It is clear from the above facts, that the subject-matter in issue in the above writ petition was regarding those institutions, whose recognition was given during the period between January, 1992 and July, 1992. The court after elaborately considering the circumstances under which the recognition was granted, found that except for a very few, the recognition was really purchased or obtained for some other consideration. Regarding the students who have written the examination, this Court declared that the candidates, who underwent the course in institutions which are not recognised and those recognition was against rules, will be entitled only to have their results published, and they will not be entitled to the consequential benefit such as issue of diploma or certificate etc. If the principle enunciated in the decision reported in P.M.Joseph v. State of Tamil Nad