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2023 Supreme(Mad) 896

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
C.V. KARTHIKEYAN, J.
Arulmigu Kalasalingam College of Education Rep. By the Secretary Dr. K. Sridharan - Appellant
Versus
The Appeal Committee, National Council For Teacher Education, Rep. By its Chairperson, New Delhi & Ors. - Respondents
W.P (MD). No. 21747 of 2022 & WMP (MD) No. 15915 of 2022
Decided On : 12-04-2023

Advocates appeared:
For the Petitioner:E. Somasundaram, Advocate. For the Respondents:R1 & R2, Su. Srinivasan, R3, F. Deepak, Advocates.

Admitting students without recognition or affiliation violates rules and leads to severe consequences, including the invalidity of degrees for employment purposes.

Headnote:

Affiliation - National Council for Teacher Education Act, 1993 - Section 17 - Clause No.40 - Withdrawal of recognition - Admission of students without recognition or affiliation - Consequences of admission without recognition - Dismissal of writ petition with costs

Fact of the Case:

The petitioner, a university, sought a writ of mandamus to grant continuation of affiliation and permit students to undergo examinations. The university had admitted students without recognition or affiliation, leading to a withdrawal of recognition and affiliation.

Finding of the Court:

The court dismissed the writ petition, emphasizing that the university had violated rules by admitting students without recognition or affiliation. The court highlighted the consequences of such admission, including the invalidity of degrees for employment purposes.

Issues: Violation of rules by admitting students without recognition or affiliation, consequences of admission without recognition, and the welfare of the students

Ratio Decidendi: Admitting students without recognition or affiliation violates rules and leads to severe consequences, including the invalidity of degrees for employment purposes.

Final Decision: The writ petition was dismissed with costs, and the university was directed to pay Rs.5,00,000 to the Madurai Bench of Madras High Court Legal Services Committee. The students were permitted to seek damages or compensation from the university.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to grant continuation of affiliation from 2021-2022 to the petitioner''s University and to permit the students of the petitioner''s University to undergo School Internship Teaching Practice and to appear for the I and II Semester Examination, within the time period stipulated by this Court.)

1. The Writ Petition has been filed in the nature of mandamus, directing the third respondent/Tamil Nadu Teachers Education University to grant continuation of affiliation from 2021-2022 to the petitioner''s University and to permit the students of the petitioner''s University to undergo School Internship Teaching Practice and to appear for the I and II Semester Examination.

2. The writ petition had been filed on 12.09.2022. At that particular point of time, the relief sought for by the petitioner was to permit the students, who had been admitted in the petitioner''s University to write their I and II semester examination. No interim order was granted. Time passed and now the fourth semester examination is scheduled to be conducted from 17.04.2023. Since the matter had been mentioned being urgent, listed on yesterday (ie., 11.04.2023) and again on today (ie., 12.04.2023).

3. Heard the learned counsel appearing for the petitioner, learned counsel appearing for the first and second respondents and the learned counsel appearing for the third respondent.

4. The petitioner had been visited with an order issued by the first respondent on 03.12.2019, which can be termed as a show-cause notice under Section 17 of the National Council for Teacher Education Act, 1993, as to why the recognition of the petitioner need not be withdrawn by the first and second respondents. There were several defects found in the college, necessitating the first respondent to issue the show-cause notice. For that show-cause notice, the writ petitioner had given a reply on 17.12.2019.

5. Thereafter, the petitioner had applied for continuation of Provisional Affiliation on 14.10.2020. Again, a show-cause notice was then issued by the first respondent again under Section 17 of the National Council for Teacher Education Act, 1993 on 27.02.2020. This was also replied by the petitioner on 17.03.2020.

6. The issue kept moving back and front between the petitioner and the first respondent. Finally an order has been passed and published in Gazette Part III Section 4 on 16.03.2021, which can be termed as a ''withdrawal'' order. However, the writ petition has not been filed by the petitioner, questioning that particular order.

7. Consequent to such withdrawal, the third respondent namely, the Tamil Nadu Teachers Education University, which governs the petitioner had withdrawn the affiliation of the college.

8. In and around April, May and June, 2021, admission to various courses were conducted even though the petitioner had no recognition, had no affiliation with the third respondent. The petitioner was a body in suspended animation.

9. Later, a notice had also been issued by the third respondent on 28.07.2021, in which, they had pointed out that there was no approval, no recognition and no affiliation and therefore a caution was issued that the petitioner should not admit any student.

10. The course under issue is B.Ed., Course. They train students to become teachers. For a student, who aspires to become a teacher, to uphold moral ethics should be the first quality. While that being so, the petitioner has fallen foul with that ethics.

11. Even after the caution issued by the third respondent, the petitioner commenced admitting 100 students. After admitting 100 students, the petitioner has filed the writ petition placing sympathy upon the students and seeking permission for them to write first and second semesters, which was the relief sought for in the writ petition. During arguments permission was sought to write the third and fo

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