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2015 Supreme(Mad) 925
HIGH COURT OF JUDICATURE AT MADRAS
SATISH K. AGNIHOTRI & JUSTICE M. VENUGOPAL, JJ.
The Tamil Nadu Teacher Education University, Rep. By its Registrar, Lady Wellington College Campus, Kamarajar Salai, Chennai & Another – Appellant
Versus
Adhiparasakthi College of Education, Rep. By its Principal, Vellore & Others – Respondent
W.A. Nos. 650 to 656 of 2014 & W.P. Nos. 12316, 13186, 13307 & 13780 of 2014 & M.P. Nos. 1, 2, 2, 2, 2, 2, 2 & 3 of 2014, 1 of 2015 & 1, 1, 2, 1 & 1 of 2014, 1 & 1 of 2015
Decided On : 17-02-2015
For the Appellants:G. Anantharangan, B. Rabu Manohar, R. Suresh Kumar, Jothikumar, Advocates.
For the Respondents:R1, Jothikumar, R. Sureshkumar, B. Rabu Manohar, R2, K. Ramakrishna Reddy, R4, G. Anantharangan, Advocates.
Headnote:
National Council for Teacher Education Act - NCTE Regulations, 2009 - M.Ed. Degree examinations and to issue certificates - Right in declining permission to conduct M.Ed. degree course - Submit applications through on-line - Facts in nutshell leading to filing of instant appeals are that first respondent educational institutions were initially granted recognition by National Council for Teacher Education to conduct one year B.Ed. Course – Subsequently NCTE also granted recognition to conduct M.Ed. Course - After Tamil Nadu Teacher Education University came into existence above educational institutions were provisionally affiliated with that University from the academic year and they subsequently applied for extension from academic year and same was accepted - Thereafter they obtained approval for additional intake in M.Ed. Course from academic year to admit students - Initially there were no regulations framed under National Council for Teacher Education Act for getting accreditation from National Assessment and Accreditation Council – But subsequently National Council for Teacher Education Regulations, 2009 were framed and Regulation 8(5) requires all institutions which have been granted additional intake in B.Ed. or M.Ed. Course should get NAAC accreditation with at least a letter grade B respectively failing which recognition granted by NCTE would stand withdrawn with effect from academic year respectively – Held, Indisputably requirement of grant of B Grade accreditation by NAAC for additional intake in M.D. Course was mandatory - It is also not in dispute that writ petitioners institutions were required to make applications through online format to NAAC for accreditation - NAAC has admitted that online system of NAAC was not in operation until second week of August – Thus writ petitioners institutions were not in a position to make format applications through online - Recognizing problems faced by NAAC respondent NCTE by communication advised all universities including appellant university from not taking any action for withdrawal of additional intake recognition in respect of all cases wherein applications were pending consideration before NAAC - Court are informed that all writ petitioners institutions except College of Education Grace College of Education and College of Education have been granted B Grade accreditation subsequently as required on applications made by them prior to cut-off date for making applications - In respect of other colleges College of Education Grace College of Education and College of Education applications which were made earlier before cut-off date are still pending consideration - In that event and also having regard to communication Single Judge has rightly come to conclusion that writ petitioners institutions were entitled to permission for academic year - It transpires that students admitted to course in said session were permitted to write examination and their results are awaited - Next contention of counsel for appellant University that accreditation granted by NAAC is prospective does not merit acceptance as accreditation granted does not indicate that same was firstly prospective and secondly accreditation was sought on basis of applications made earlier for academic session - Thus accreditation ought to be treated as accreditation for relevant year for which applications were made - Resultantly court do not find any error irregularity or illegality in impugned order passed by Single Judge - Thus all writ appeals are dismissed - No costs Consequently connected miscellaneous petitions are closed - Writ petitions are allowed
Satish K. Agnihotri, J.
1. The intra-Court appeals arise from the common order dated 24.3.2014 passed in W.P. Nos.31286, 31261, 32954, 32955, 33080, 34223 and 34436 of 2013.
2. W.P. Nos.12316, 13186, 13307 and 13780 of 2014 are filed seeking a direction to the respondent-University to permit the students to write M.Ed. Degree examinations and to issue certificates.
3. The issue involved in both the writ appeals and the writ petitions being common, all these cases are being considered and decided by this common judgment.
4. For the sake of brevity and clarity, the parties are referred to as per their rank in the writ appeals.
5. The facts in nutshell leading to the filing of the instant appeals are that the first respondent/educational institutions were initially granted recognition by the National Council for Teacher Education (for short “the NCTE” ) to conduct one year B.Ed. Course. Subsequently, the NCTE also granted recognition to conduct M.Ed. Course. After the Tamil Nadu Teacher Education University came into existence in 2008, the above educational institutions were provisionally affiliated with that University from the academic year 2008-09 and they subsequently applied for extension from the academic year 2012-13 and the same was accepted. Thereafter, they obtained approval for additional intake in the M.Ed. Course from the academic year 2010-11 to admit 35 students. Initially, there were no regulations framed under the National Council for Teacher Education Act (for short “the NCTE Act”) for getting accreditation from the National Assessment and Accreditation Council (for short “NAAC”). But, subsequently, the National Council for Teacher Education (Recognition norms and Procedure) Regulations, 2009 (for short “the Regulations, 2009) were framed and Regulation 8(5) requires all the institutions which have been granted additional intake in B.Ed. or M.Ed. Course should get NAAC accreditation with at least a letter grade ''B'' on or before 1.4.2010 and 1.4.2012 respectively, failing which, the recognition granted by the NCTE would stand withdrawn with effect from the academic year 2010-11 and 2012-13 respectively. In view of the said requirement, all the institutions should have submitted applications through on-line on or before 1.4.2012. As the On-line system of NAAC was not in operation from 1.1.2012 until the second week of August 2012, the institutions were unable to submit applications through on-line to the NAAC for accreditation. Out of 7 institutions, 4 institutions have obtained “B” Grade in the year 2014. In such circumstances, the Tamil Nadu Teachers Education University sent a communication directing the respondents-institutions not to admit students for the academic year 2012-2013 for M.Ed. Degree Course on the ground that the institutions did not obtain NAAC accreditation before the cut off date i.e., 1.4.2012. There against, the first respondent/institutions filed writ petitions.
6. Earlier, similarly placed institutions approached this Court by filing W.P.Nos. 23392 of 2012 batch, seeking to quash the communications issued by the respondent University, wherein, the learned single Judge allowed the writ petitions by quashing the communications impugned therein and made it clear that when the NCTE had already granted recognition followed by the affiliation granted by the Universities and the communication dated 13.7.2012 issued by the NCTE advising the affiliating Universities that action need not be taken for withdrawal of affiliation in respect of the institutions, whose applications for accreditation are pending with the NAAC, the question of withdrawing the recognition on the ground that the institutions failed to get accreditation from the NAAC, is not acceptable. In view of the communication sent by the NCTE and also following the above said order passed in W.P. Nos. 23392 of 2012, etc. batch, the present writ petitions filed by the institutions were allowed.
7. Challenging the same, the pr
