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2018 Supreme(Mad) 2480
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. VAIDYANATHAN, J.
Thiagarajar College of Preceptors, rep. by its President-College Committee, Mrs. Valli M. Ramaswami Teppakulam, Madurai - Petitioner
Vs.
The Registrar, Tamil Nadu Teachers Education University, Chennai and Ors. - Respondents
Writ Petition No. 16663 of 2018
Decided On : 18-07-2018
For the Petitioner: Mr. Mani Sundar Gopal
For the Respondent: Mr. U.Venkatesan, Mrs. V.Annalakshmi
Non-minority Aided Colleges are bound by the requirement to surrender 90% of their seats under Government Quota as per G.O.(ID) No.94, unless there is an agreement to surrender seats to the Government.
Headnote:
Surrender - College Affiliation - NCTE Regulations 2014, G.O.(ID) No.94 - The court discussed the NCTE Regulations 2014 and G.O.(ID) No.94, which required the surrender of 90% of seats in non-minority Aided Colleges as Government Quota and the remaining 10% as Management Quota. The court also referred to the decision in P.A. Inamdar vs. State of Maharashtra, which held that unaided Colleges of Education cannot be compelled to surrender seats to the Government, unless by agreement.
Fact of the Case:
The Petitioner sought to quash a communication directing their College to surrender excess students through the single window counselling system. The College had been granted a total intake of 200 students per year, consisting of aided and additional intake units. The Government directed the College to surrender 90% of the total student intake, which the College contested as unsustainable.
Finding of the Court:
The court found that the College had implicitly agreed to surrender 90% of the seats, as per G.O.(ID) No.94, and therefore, the Writ Petition failed and was dismissed.
Issues: The main issue was whether the direction to surrender 90% of seats under Government Quota was sustainable in law and facts.
Ratio Decidendi: The court held that the College, being a non-minority Aided College, was bound by the requirement to surrender 90% of its seats under Government Quota as per G.O.(ID) No.94, and the College's contention of partial surrender of seats was not accepted.
Final Decision: The Writ Petition failed and was dismissed, with no costs.
Petitioner/College has come up with this Writ Petition seeking to quash the communication bearing Ref.No.TNTEU/R/Elig/2018/1330, dated 25.06.2018 culminating in the Communication bearing Ref.No.TNTEU/R/Affiliation/2018/1342, dated 27.06.2018 on the file of the 1st Respondent, insofar as they direct their Institution to surrender excess of 90 students through the single window counselling system.
2. According to the Petitioner, their College is being run by “Manickavasagam Charitable Foundation”, since 1956. The said Institution conducts B.Ed. Degree Course recognized by the National Council for Teacher Education (NCTE) and is affiliated to the Tamil Nadu Teachers' Education University. NCTE originally granted recognition for 100 students to be admitted every year in B.Ed. Course conducted by the Petitioner Institution. Subsequently, in the year 2008-2009, the College increased its infrastructure and other facilities and made an application for an additional intake of another 2 units of 50 students each (totally 100 students) per year and the same was also granted by the NCTE vide order dated 30.07.2009. As on date, the Petitioner Institution has been granted a total intake of 200 students per year consisting of two units of aided and two units of additional intake.
3. As per 2014 NCTE Regulations, 7 + 1 Teachers are required for 2 units of 50 students each. The Government of Tamil Nadu has granted Aid only in respect of Teaching faculty required for 2 units of 50 students each. Apart from the above, in respect of additional intake granted by the NCTE of 2 units and 50 students each, the salaries of the teaching faculty are borne by the College Management from its own funds and the additional intake of 2 units of 50 students each is deemed to be self-financing courses equivalent to that of self-financing Colleges.
4. It is further stated by the Petitioner that B.Ed. Course was originally of one year duration. Subsequently, in the year 2014, in accordance with the 2014 NCTE Regulations, it was converted into a course of two years duration. Consequently, the Teachers requirement of 7+1 = 8 for 2 units of 50 students each will have to proportionately increase to 15+1. The Government of Tamil Nadu vide G.O.(ID) No. 94, dated 21.03.2018, issued guidelines for admission to B.Ed. Degree Course of two years duration for the academic year 2018-2020. Pursuant to the said Government Order, the 1st Respondent issued two communications dated 25.06.2018 and 27.06.2018, directing the Petitioner Institution to surrender 90% of the total student intake (180 seats), for which recognition has been granted by the NCTE. It is the contention of the Petitioner that the direction issued by the 1st Respondent is not in accordance with G.O.(ID) No.94, dated 21.03.2018 and hence, is unsustainable in law and facts.
5. Further, the 1st Respondent vide its communication dated 17.03.2017 has issued a detailed time schedule to be followed by the Principals of all the Colleges affiliated to the 1st Respondent/University for the admission of students from the academic year 2017-2018 and the Petitioner Institution implemented the said direction for the academic year 2018-2019. According to the Petitioner, the communication dated 25.06.2018, directing the Petitioner to surrender 180 seats has been issued after the Petitioner Institution implemented the earlier direction of the 1st Respondent vide communication dated 17.03.2017 and based on the same, the Petitioner had already admitted 93 students as against the 110 seats available to the Management to fill up on their own. Hence, according to him, the 1st Respondent's direction vide communications dated 25.06.2018 and 27.06.2018 to surrender 180 seats, is impossible of being performed.
6. Learned counsel for the Petitioner contended that in terms of G.O.(ID) No.94, dated 21.03.2018, compelling a self-financing College to surrender 90% of its seats under Government Quota, is ultra vires. According to him, the 1s
