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2017 Supreme(Mad) 2767
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
A. SELVAM, N. AUTHINATHAN, JJ.
K.M. Benedict Crizal The Correspondent & The Secretary - Appellant
Versus
The State of Tamil Nadu, Rep. by its Secretary, Department of Higher Education & Ors. - Respondents
W.A. (MD) No. 58 of 2012 & M.P. (MD) No. 1 of 2012
Decided On : 07-07-2017
Advocate Appeared:
For the Appellant : Mr. S. Xavier Rajan
For the Respondent: Mr. T.S. Mohammed Mohideen, Mr. A. Sivaji, Mr. Mohammed Athil for M/s. Ajmal Associates, Mr. U. Venkatesan, Mr. M.R. Sreenivasan
Headnote:
Tamil Nadu Teachers Education University Act, 2008 - Appellant claimed that they have submitted an application for affiliation for conducting M.Ed Degree course to University - Tamil Nadu Teachers Education University Act, 2008 was enacted to provide for the establishment and incorporation of Teachers Education University in State of Tamil Nadu for promoting excellence in teachers education - Appellant approached this Court by way of W.P.No.9762 seeking a direction to University to forward their application to the affiliating University for considering their application for M.Ed course - This Court disposed of the Writ Petition with a direction to fourth respondent University to forward copy of application of appellant followed by representation along with connected records to fifth respondent within a period of one month from date of receipt of a copy of this order and the fifth respondent in-turn is directed to consider same and pass appropriate orders within a period of one month thereafter - Fifth respondent University by their letter informed that in as much as it has not received the prescribed application form for affiliation for M.Ed Degree Course either from the University or from appellant-college, the question of grant of affiliation did not arise and Demand Drafts were returned - Challenging letter , W.P. (MD) No. 4255 has been filed – Held, Learned counsel for the fifth respondent University would submit that in accordance with directions of this Court application submitted by appellant was processed and affiliation was granted for the academic year - He has further submitted that appellant was not justified in admitting the students to M.Ed course before grant of affiliation by the fifth respondent - It is true that this Court in M.P.(MD)No.2 in W.P.(MD) No.5731 by its order pending disposal of the Writ Petition permitted 25 students to take their M.Ed University examinations - However, this interim order is subject to final orders to be passed in the Writ Petition – In court opinion, respondent no.1 (writ petitioner) was not justified in admitting students to B.Ed. Course, since affiliation has not been granted to it by University. Admittedly, degree (B.Ed.), which is sought to be conferred on the students, will be that of the University - If admissions are granted, even though college has not got affiliation, then if ultimately affiliation is refused, students will be left in the lurch having wasted lot of time and money - Ratio laid down by Honble Supreme Court and Division Bench of this Court will also apply to the facts of the case at hand - Students were permitted to write their M.Ed examinations by the interim order passed by this Court. It is significant to note that this Court has made it clear that the students are not entitled to plead any equity - Viewed in the light of the said decisions, court hold that appellant-college and respondents 6 to 14 [students] are not entitled to any relief – Court do not find any reason to interfere with conclusion reached by learned single Judge - In the result, Writ Appeal is dismissed - Consequently, connected Miscellaneous Petition is closed.
N. Authinathan, J.
Muthaian Muthammal Educational Trust submitted an application to the Southern Regional Committee, which runs a college of Education under the name and style of St.Joseph College of Education, Appicode, Tholayavattam Post, Kanyakumari District [the appellant] to the National Council for Teacher Education [hereinafter referred to as “NCTE”] granted recognition for conducting B.Ed Degree Course by their order dated 17.11.2005.
2. Manonmaniam Sundaranar University granted affiliation to the appellant-college by their order dated 25.06.2007. On 16.05.2008, the NCTE granted conditional recognition for starting M.Ed course for one year duration with an annual intake of 25 students at Appikode campus. In the said letter, it is made clear that the Institution should not make any admission until the unconditional letter of recognition was issued by the Southern Regional Committee, NCTE.
3. The NCTE, Southern Regional Committee by their letter dated 30.08.2008 granted conditional recognition for conducting M.Ed course for one year from the academic session 2008-2009, subject to the following conditions:
“1.....;
2.....
3. (III) The institution shall make admission only after it obtains affiliation from the examining body in terms of clause 8(12) of the NCTE (Recognition Norms & Procedure) Regulations, 2007.”
The recognition is subject to fulfillment of all such other requirements as may be prescribed by other regulatory bodies like UGC, affiliating University/Body, the State Government etc, as applicable.
4. The appellant claimed that they have submitted an application for affiliation on 25.06.2007 for conducting M.Ed Degree course to Manonmaniam Sundaranar University. The Tamil Nadu Teachers Education University Act, 2008 was enacted to provide for the establishment and incorporation of Teachers Education University in the State of Tamil Nadu for promoting excellence in teachers education. The Act came into force from 01.07.2008. The appellant approached this Court by way of W.P.No.9762 of 2008 seeking a direction to the Manonmaniam Sundaranar University to forward their application dated 25.06.2007 to the affiliating University for considering their application for the M.Ed course. This Court disposed of the Writ Petition with a direction to the fourth respondent University to forward the copy of the application of the appellant dated 25.06.2007 followed by representation dated 16.09.2008 along with connected records to the fifth respondent within a period of one month from the date of receipt of a copy of this order and the fifth respondent in-turn is directed to consider the same and pass appropriate orders within a period of one month thereafter.
5. The fifth respondent University by their letter dated 11.03.2009 informed the appellant that the absence of essential records they are unable to process the appellant's application for the academic year 2008-2009. The fifth respondent University by their letter 06.04.2009 informed that in as much as it has not received the prescribed application form for affiliation for M.Ed Degree Course either from the Manonmaniam Sundaranar University or from the appellant-college, the question of grant of affiliation did not arise and the Demand Drafts were returned. It has reiterated that the candidate admitted arbitrarily without affiliation would not be permitted to appear for the M.Ed Degree Examination May/June 2009. Challenging the letter dated 06.04.2009, W.P. (MD) No. 4255 of 2009 has been filed.
6. Pending disposal of the said Writ Petition, the appellant filed the second Writ Petition in W.P.(MD)No.5731 of 2010, praying for the issuance of a Writ of certiorarified mandamus, calling for the records relating to the impugned proceedings issued by the 5th respondent Tamil Nadu Teacher Education University in No.TNTEU/R/M.Ed Exam fees/CC10923/2010/333 dated 25.03.2010 quash the same and further direct the 5th respondent Tamil Nadu Teacher Education University to permit the 25
