Madras High Court
Arulmigu Kalasalingam College Of ... vs The Appeal Committee on 12 April, 2023
W.P(MD)No.21747 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:12.04.2023
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P(MD).No.21747 of 2022
and WMP(MD)No.15915 of 2022
Arulmigu Kalasalingam College of Education
Rep. by the Secretary Dr.K.Sridharan
... Petitioner
Vs
1. The Appeal Committee,
National Council For Teacher Education,
Rep. by its Chairperson,
G-7, Sector 10, Dwarka, New Delhi 110 075.
2. The Regional Director,
Southern Regional Committee,
National Council For Teacher Education,
G-7, Sector 10, Dwarka, New Delhi 110 075..
3. The Tamil Nadu Teachers Education University,
Rep. by its Registrar,
Karapakkam, Chennai 600097.
... Respondents
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
1/16
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W.P(MD)No.21747 of 2022
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.
For Petitioner :Mr. E.Somasundaram
For R1, R2 :Mr.Su.Srinivasan
For R3 :Mr.F.Deepak
ORDER
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
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W.P(MD)No.21747 of 2022
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
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W.P(MD)No.21747 of 2022
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
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W.P(MD)No.21747 of 2022
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 fourth semesters also, since the course has
four semesters. The students have not written any semester examination from
the time of admission.
12.The petitioner had filed an appeal before the Appellate
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W.P(MD)No.21747 of 2022
Authority against the withdrawal order. It is complained by the learned
counsel for the petitioner that owing to Covid-19 pandemic, the petitioner was
not able to appear before the Appellate Authority. However, by order, dated
02.09.2022, the recognition, which had been withdrawn, had been again
granted to the petitioner herein. That order came into force from the academic
year 2022-23 onwards. But the fact is that the petitioner had admitted the
students, during the academic year 2021-22, even without approval or
affiliation. The petitioner did not take any steps to transfer the students to
another college. They had also collected fees from them.
13.My attention is drawn to the Rules and Regulations of the
third respondent. Chapter 13 relates to Approval of Colleges. Clause No.40 is
as follows:
(40) Affiliation not granted with retrospective effect
(i) Affiliation or approval shall in no case be granted with
retrospective effect. Attendance at courses of instruction
provided in colleges or in subjects before affiliation or
approval is granted shall not qualify for the grant of
certificates of attendance for purposes of University
Examination and such attendance shall not entitle any
candidate for exemption from the production of certificates of
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W.P(MD)No.21747 of 2022
attendance.
(ii) No college/management of college shall advertise new
courses or invite, in any other manner, applications for
admission to new courses or admit students to new courses
before getting the order of grant of affiliation for the Degree
Courses from the University. If any college/management of
college does so, applications for affiliation for further
courses shall not be entertained from such erring college(s)
for a period of five years, and such college(s) shall be liable
for penal action deemed fit as indicated in Statute 6 of this
Chapter.
14.From a reading of the Clause, it is evident that affiliation
cannot be granted with retrospective effect. The petitioner, as a Deemed
University, cannot claim ignorance of this particular Clause. They cannot
claim innocence of the particular Clause. They cannot seek indulgence of this
Court.
15.It is also seen that similar provision has also been given by the
first respondent, which is governed by the National Council for Teacher
Education Act, 1993 and the corresponding Rule National Council for
Teacher Education Rules, 1997.
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W.P(MD)No.21747 of 2022
16.Section 17 relates to the Contravention of Provisions of the
Act & Consequences Thereof. Let me extract Section 17 in its entirety:
17. Contravention of provisions of the Act & consequences
thereof-
(I ) Where the Regional Committee is, on its own motion or on
any representation received from any person, satisfied that a
recognised institution has contravened any of the provisions of
this Act, or the rules, regulations, orders made or issued
thereunder, or any condition subject lo which recognition
under sub-section (3) of section 14 or permission under sub-
section (3) of section 15 was granted, it may withdraw
recognition of such recognised institution, for reasons to be
recorded in writing:
Provided that no such order against the recognised
institution shall be passed unless a reasonable opportunity of
making representation against the proposed order has been
given to such recognised institution:
Provided further that the order withdrawing or refusing
recognition passed by the Regional Committee shall come into
force only with effect from the end of the academic session
next following the date of communication of such order.
(2) A copy of every order passed by the Regional
Committee under sub-section (I). --
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W.P(MD)No.21747 of 2022
(a) shall be communicated to the recognised institution
concerned and a copy thereof shall also be forwarded Appeals
simultaneously to the University or the examining body to
which such institution was affiliated for canceling affiliation:
and
(b) shall be published in the Official Gazette for general
information.
(3) Once the recognition of a recognised institution is
withdrawn under sub-section (I), such institution shall
discontinue the course or training in teacher education, and
the concerned University or the examining body shall cancel
affiliation of the institution in accordance with the order
passed under sub-section will with effect from the end of the
academic session next following the date of communication of
the said order
4.If an institution offers any course or training in
teacher education after the coming into force of the order
withdrawing recognition under sub-section (I) or where an
institution offering a course or training in teacher education
immediately before the appointed day fails or neglects to
obtain recognition or permission under this Act, the
qualification in teacher education obtained pursuant to such
course or training or after undertaking a course or training in
such institution, shall not be treated as a valid qualification
for purposes of employment under the Central Government,
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W.P(MD)No.21747 of 2022
any State Government or University, or in any school, college
or other educational hotly aided by the Central Government
or any State Government.”
17.Section 17(4) of the National Council for Teacher Education
Act, 1993 very specifically states that if any degree is granted by a College,
which had admitted students during the period when the College suffered
from withdrawal of recognition or affiliation, then such a degree or certificate
cannot be treated as a valid qualification for the purpose of employment under
the Central Government or State Government or under any University, or any
School, or any College or any Educational Body either aided by the Central
Government or by the State Government. The petitioner must be aware of all
these rules. If they are not aware, they have no right to function as an
University. They had still admitted 100 students in the year 2021.
18.The learned counsel for the petitioner projected the plight of
the students. It is the petitioner who has to answer as they had admitted the
students. This Court cannot come to the rescue of the petitioner. The
Petitioner is probably of the opinion that by considering the condition of the
students, this Court would pass a favourable order. But the petitioner cannot
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W.P(MD)No.21747 of 2022
expect such an order from this Court and they should suffer the consequences,
since they had violated the rules and they had not followed the rules.
19.My attention is drawn to two earlier orders of this Court with
respect to two other institutions.
20.WP(MD)No.3630 of 2022, by order dated 16.06.2022,
St.Joseph's College of Education Vs. The Registrar, Tamil Nadu Teachers
Education University was filed seeking permission to write the first semester
examination and for a direction to grant approval to the students, who had
been admitted. It had been stated in that particular case, there was a
cancellation of affiliation by the respondent/ Tamil Nadu Teachers Education
University and further that the cancellation was revoked on 22.10.2021 and
an order granting recognition was passed on 29.11.2021. Thereafter, the
petitioner had applied for fresh affiliation for the academic year 2021-22,
which was pending. While that was pending, after withdrawing the
cancellation of recognition, the petitioner therein had admitted the students.
The learned Single Judge had passed an order stating that the students should
not suffer.
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W.P(MD)No.21747 of 2022
21.Here, in this case, admission was made, even the after
withdrawal of recognition and affiliation. During the period of admission, the
petitioner was under sufferable of an order of withdrawal of recognition.
Even after that, the petitioner had admitted the students. The main aim of the
petitioner was to collect money from gullible students. The bank account of
the petitioner has been enriched by the fees paid by the students. Therefore,
the petitioner is fighting for their own cause and certainly not for the cause of
students. If they were interested, they would not have admitted the students
in the first place.
22.My attention is drawn to another order, dated 11.01.2023 in
WP(MD)No.25122 of 2022 in Good Shepherd College of Education, Rep.
By its Secretary Vs The State of Tamil Nadu, Rep. by its Secretary to
Government, Higher Education Department, Secretariat, Chennai and
another. That writ petition was filed in the nature of a mandamus, seeking a
direction to upload the details of the newly admitted students for online
admission entry to B.Ed., Degree Programme for the academic year 2022-23.
It is seen that even for the admission of the students, the petitioner therein
sought permission. However, in the instant case, when the petitioner had
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W.P(MD)No.21747 of 2022
suffered an order of withdrawal of recognition, the petitioner had not
approached this Court seeking permission to admit the students. The
petitioner had simply admitted the students and thereafter, had filed the
present writ petition seeking permission for the students to write the semester
examination.
23.Neither of these two judgments would apply to the facts of the
present case. They are neither directly nor indirectly applicable to the relief
sought for by the petitioner.
24.As repeatedly pointed out, the petitioner had admitted the
students without recognition, without affiliation, without right and without
authority. I really wonder as to how the petitioner had collected fees from the
students with a clean conscience. The petitioner has to suffer the
consequence of any order passed.
25.However, considering the welfare of the students, a request is
placed on the respondents 1 to 3 to examine the possibility of transfer of the
students to any other college, which is recognised and if rules permit, the
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W.P(MD)No.21747 of 2022
students may also be scattered to several institutions and thereafter, permit
them to write the semester examinations. If a certificate is obtained from the
petitioner's College, which has no approval, no affiliation, the same cannot be
used by the students for any purpose. It would only remain a paper and can
never be put to any constructive use in the future at all. The students would
never get employment in any School, College or University or anywhere.
26.Accordingly, this writ petition stands dismissed with costs of
Rs.5,00,000/- (Rupees Five Lakhs only) payable to the Madurai Bench of
Madras High Court Legal Services Committee, Madurai. The member
Secretary of the said Committee is directed to contact the Chair Person,
Virudhunagar District Legal Services Committee and reach out to the 100
students, who were admitted by the petitioner, examine the students and
disburse the amount to those 100 students as per the apportionment fixed by
the Member Secretary.
27.However, the students are also permitted to institute any
litigation, apart from this petition, if they seek for damages or any other
monetary compensation as against the petitioner. They should get a degree
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W.P(MD)No.21747 of 2022
from an institution which is recognized. All the students may take the above
steps if they are so advised and to alleviate their grievances if any.
Consequently, connected miscellaneous petition is closed.
12.04.2023
NCS :Yes/No
Index :Yes/No
Internet:Yes/No
PNM
Note: Issue order copy on 13.04.2023
To
1. The Chairperson,
The Appeal Committee,
National Council For Teacher Education,
G-7, Sector 10, Dwarka, New Delhi 110 075.
2. The Regional Director,
Southern Regional Committee,
National Council For Teacher Education,
G-7, Sector 10, Dwarka, New Delhi 110 075..
3. The Registrar,
The Tamil Nadu Teachers Education University,
Karapakkam, Chennai 600097.
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W.P(MD)No.21747 of 2022
C.V.KARTHIKEYAN, J.
PNM
ORDER IN
W.P(MD).No.21747 of 2022
and WMP(MD)No.15915 of 2022
12.04.2023
https://www.mhc.tn.gov.in/judis
