Madras High Court
Vellasamy Nadar vs The Secretary To Government on 27 June, 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.06.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.13478 of 2020 & 9817 of 2022
and
W.M.P(MD)Nos.11238 of 2020, 9889 of 2021, 7033, 7034 and 8479 of 2022
W.P.(MD)No.13478 of 2020:-
Vellasamy Nadar, Correspondent,
Dr.Vellasamy Nadar Teacher Training Institute,
Dr.T.Vellasamy Nadar, Nagar,
Thittai Road, Manakkarambai,
Ramapuram Post, Thanjavur – 613 003. ... Petitioner
v.
1.The Director,
National Council for Teacher Education,
Wing II, Hans Bhawan 1,
Bhadur Shaw Zafar Marg,
New Delhi – 110 002.
2.The Regional Director,
The Southern Regional Committee,
National Council for Teacher Education,
1st Floor, CSD Building, HMT Post,
Bangalore – 560 013.
3.The Director,
State Council of Educational Research and Training,
College Road, Subba Road Avenue,
Nungambakkam, Chennai – 600 006.
https://www.mhc.tn.gov.in/judis
4.The Principal,
District Institute of Education and Training,
Aduthurai – 612 101,
Thanjavur District.
5.The Secretary to Government
School Education (ERT) Department,
The Secretariat, State of Tamil Nadu,
Chennai – 9. ... Respondents
(R5 is impleaded vide order dated 16.04.2021 in
W.M.P.(MD)No.3130 of 2021 in
W.P.(MD)No.13478 of 2020 by NAVJ)
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records relating to the impugned G.O.(Ms) No.87, School Education (ERT)
Department, dated 28.05.2018 issued by the 2nd respondent and the
consequential impugned order in Na.Ka.No.1731/E1/2019 dated 21.10.2019
issued by the 3rd respondent and quash the same G.O.No.87/2019 to the extent
including the self financed institution like out institute viz., Dr.Vellasamy
Nadar Teacher Training Institute in it and also the said consequential impugned
order dated 21.10.2019 passed by the 3rd respondent and direct the
3rd respondent to approve the admission of students to the 1st year Diploma in
Teacher Education (D.T.Ed) Course in the said institute.
(Prayer is amended vide order dated 16.04.2021
in W.M.P.(MD)No.3225 of 2021 in
W.P.(MD)No.13478 of 2020 by NAVJ)
https://www.mhc.tn.gov.in/judis
For Petitioner : Mr.C.Dhanaseelan
For Respondents : Mr.Su.Srinivasan,
Standing Counsel for R1 & R2,
Mr.V.Om.Prakash,
Government Advocate for R3 to R5.
W.P.(MD)No.9817 of 2022:-
1.P.Anitha
2.K.Shylaja ... Petitioners
Vs.
1.The Secretary to Government
School Education (ERT) Department,
The Secretariat, State of Tamil Nadu, Chennai – 9.
2.The Director, National Council for Teacher Education,
Wing II, Hans Bhawan 1, Bhadur Shaw Zafar Marg,
New Delhi – 110 002.
3.The Regional Director, The Southern Regional Committee,
National Council for Teacher Education,
1st Floor, CSD Building, HMT Post,
Bangalore – 560 013.
4.The Director,
State Council of Educational Research and Training,
College Road, Subba Road Avenue,
Nungambakkam, Chennai – 600 006.
5.The Principal, District Institute of Education and Training,
Aduthurai – 612 101, Thanjavur District.
6.The Correspondent, Dr.Vellasamy Nadar Teacher Training Institute,
Dr.T.Vellasamy Nadar, Nagar,
Thittai Road, Manakkarambai, Ramapuram Post,
Thanjavur – 613 003. ... Respondents
https://www.mhc.tn.gov.in/judis
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, to direct the 4th and 5th
respondents to grant approval for the admission of the petitioners at the 6th
respondent institute for the academic year 2019-2020 and 2020-2021
respectively.
For Petitioners : Mr.S.Sivakumar
For Respondents : Mr.V.Om.Prakash,
Government Advocate for R1, R4 & R5.
Mr.Su.Srinivasan,
Standing Counsel for R2 & R3.
Mr.C.Dhanaseelan for R6
COMMON ORDER
Heard the learned counsel for the writ petitioners, the learned standing
counsel and the learned Government Advocate for the official respondents.
2.Both the writ petitions are interlinked. The petitioners in
W.P.(MD)No.9817 of 2022 are students of Dr.Vellasamy Nadar Teacher
Training Institute, Thanjavur. The first petitioner joined the course in the year
2020-2021 ; the second petitioner joined the course in the year 2021-2022. It
is a two years course. The petitioners could not write the examinations because
the respondents 4 and 5 declined to approve the admission of the petitioners.
The reason for non-grant of approval is traced to G.O.(Ms) No.87 School
https://www.mhc.tn.gov.in/judis
Education (ERT) Department dated 28.05.2019. While the students seek relief
for themselves, the management has filed W.P.(MD)No.13478 of 2020
questioning the applicability of said G.O to self-financing institutions.
3.The learned Government Advocate submitted that since the admission
strength of students in the Institute in question fell below the prescribed
minimum number, the relief sought for cannot be granted. In the counter
affidavit filed by the official respondents, it has been submitted that out of 211
self-financing teacher training Institutes, only 48 self-financing teacher training
Institutes have student enrollment above 30%. Considering the decrease in the
admission of students in the Diploma in Elementary Education course, the
Government issued G.O(Ms)No.87 School Education (ERT) Department, dated
28.05.2019 to the effect that if the admission of students for the academic year
2019-20 in the institutions conducting Diploma in Elementary Education course
is less than 30% of the sanctioned strength granted by the National Council of
Teacher Education, such institutions shall not be permitted to admit students
from the academic year 2020-21 onwards. However, the second year students
in those institutions shall be permitted to complete the course in the same
institutions and thereafter steps shall be taken to close such Institutions. The
learned Government Advocate justified the said G.O on the ground that the
https://www.mhc.tn.gov.in/judis
Government is releasing a substantial sum of money towards aid and if there is
no sufficient number of students, the object and purpose of granting aid stood
defeated.
4.The issue raised in these writ petitions is no longer res integra. In Self
Financing Private Teacher Training Institutes Association rep.by its
President T.V.K.Babu v. State of Tamil Nadu (2011) 5 MLJ 605, a question
arose whether the State being the affiliating body can refuse affiliation with
reference to any of the factors which have been considered by the NCTE while
granting recognition to the Private Self-financing Teacher Training Institutes.
Following the decision reported in (2011) 4 SCC 527 (Chairman Bharrtiya
Educational Society v. State of H.P), the Hon'ble Division Bench of the Madras
High Court held that since the Central Act is operating in the field, the State
cannot issue any guidelines to the contrary. The Hon'ble Supreme Court in the
decision reported in (2013) 2 SCC 617 (Maa Vaishno Devi Mahila
Mahavidyalaya v. State of U.P), held as follows :
“79......In the normal circumstances, the role of the State
is a very formal one and the State is not expected to obstruct
the commencement of admission process and academic courses
once recognition is granted and affiliation is found to be
acceptable.”
https://www.mhc.tn.gov.in/judis
This judgment was followed in State of Rajasthan v. LBS B.Ed. College
(2016) 16 SCC 110.
5.Section 17 of the National Council of Teacher Education Act, 1993
empowers the Regional Committee to take action against the erring institute if
the provisions of the Act are contravened. It can withdraw recognition and
once recognition is withdrawn, the Institution concerned shall discontinue the
course or training in teacher education. Thereafter, affiliation also will be
cancelled by the concerned university or the examining body. Thus, the power
to take action is expressly conferred only on the Regional Committee. While so
by the impugned G.O, the State government arrogates to itself the power to
close down the Teacher Training Institutions both aided as well as self-
financing if the admission norms are not met. In the case on hand, I am not
concerned with aided Institutions. Only one self-financing institution is before
me.
6.The eleven judges bench of the Hon'ble Supreme Court in T.M.A. Pai
Foundation and ors v. State of Karnataka and ors (2002) 8 SCC 481 held that
all citizens have a right to establish and administer educational institutions
under Article 19(1)(g) of the Constitution of India. The petitioner in
https://www.mhc.tn.gov.in/judis
WP(MD)No.13478 of 2020 is not receiving any aid or financial assistance from
the State. He had established the Teacher Training Institute after complying
with all the statutory formalities. The Institution can be ordered to be closed
down only if action is taken under Section 17 of the NCTE Act, 1993. De hors
the said provision, there is no other means of directing closure. The impugned
G.O is not only in conflict with the statutory scheme laid down in the NCTE
Act but is also violative of the fundamental right of the petitioner. When the
activities of the writ petitioner have no financial implications for the State,
directing its closure by citing the admission strength is clearly unreasonable. I
hold that the impugned G.O is not applicable to self-financing Teacher Training
Institutes like the petitioner in W.P.(MD)No.13478 of 2020. It is stated that
the students concerned were allowed to write the first year examinations
pursuant to the interim direction given by this Court but their results have not
been declared. Since the writ petitions have been allowed, the authority are
directed to publish the results forthwith and without any delay.
7.These writ petitions are allowed accordingly. No costs. Consequently,
connected miscellaneous petitions are closed.
27.06.2022
Index : Yes / No, Internet : Yes/ No
ias/skm
Issue order copy on 04.07.2022
https://www.mhc.tn.gov.in/judis
To
1.The Director, State Council of Educational Research and Training,
College Road, Subba Road Avenue, Nungambakkam, Chennai – 600 006.
2.The Principal, District Institute of Education and Training,
Aduthurai – 612 101, Thanjavur District.
3.The Secretary to Government,
School Education (ERT) Department,
The Secretariat, Chennai – 9.
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN, J.
ias/skm
W.P(MD)No.13478 of 2020
and
W.P.(MD)No.9817 of 2022
27.06.2022
https://www.mhc.tn.gov.in/judis
