Madras High Court
Arulmigu Kalasalingam College Of ... vs The Appeal Committee on 13 September, 2023
W.A.(MD)No.497 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.(MD) No.497 of 2023
and C.M.P. (MD) No.5115 of 2023
Arulmigu Kalasalingam College of Education,
Rep. by the Secretary Dr.K.Sridharan,
S/o.T.Kalasalingam, Anand Nagar,
Krishnankovil – 626 126,
Virudhunagar District. ... Appellant/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 – 600 097. .. Respondents 1 to 3/Respondents
1/12
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.497 of 2023
4.O.Rajamydeen
5.M.Shenbagamani Eswari
6.P.Manju
7.P.Muthulakshmi
8.R.Sakthiraji
9.P.Packiyalakshmi ... Respondents 4 to 9
(Respondents 4 to 9 are impleaded
vide Court Order Dated 29.08.2023
made in CMP (MD) No.9423 of
2023 in W.A.(MD) No.497 of 2023
By SSSRJ and DBCJ)
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent, to set
aside the order passed by this Court in W.P.(MD)No.21747 of 2012,
dated 12.04.2023.
For Appellant : Mr.S.Sivasubramanian
E.Somasundaram
For 3rd Respondent : Mr.V.R.Venkatesan
For Respondents 4 to 9 : Mr.S.Sukumar
***
JUDGMENT
(Judgment of the Court was delivered by S.S.SUNDAR, J.)
This Writ Appeal is directed against the order of the learned
Single Judge of this Court dated 12.04.2023, dismissing the Writ Petition
in W.P.(MD) No.21747 of 2022, filed by the appellant.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.497 of 2023
2. Heard Mr.S.Sivasubramanian, learned counsel appearing for
the appellant, Mr.F.Deepak, learned Standing Counsel for the third
respondent and Mr.S.Sukumar, learned counsel for the respondents 4 to
3. Brief facts that are necessary for disposal of this Writ Appeal
are as follows:-
The appellant obtained recognition for conducting B.Ed.,
degree course of one year duration with an annual intake of 100 students
in 2006. Thereafter, revised recognition was issued in 2015 for
conducting B.Ed., degree programme for two years duration with an
annual intake of 100 students (two basic units) from the academic session
2015-2016. Based on the inspection report received by respondents 1 and
2 dated 01.11.2016, a show cause notice was issued to the appellant
under Section 17 of NCTE Act, 1993 on 03.12.2019. After receiving a
reply and issuing a second show notice on 27.02.2020, the application for
continuation of provisional affiliation for B.Ed., degree course for the
academic year 2021-2022 was not processed and later by an order dated
16.03.2021, the recognition granted to the appellant was withdrawn by
the second respondent.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.497 of 2023
4. It is now admitted before this Court that an appeal was
preferred by the appellant on 30.09.2021. During the pendency of the
appeal before the appellate authority, the appellant admitted students for
the academic years 2021-22 and 2022-23. It is admitted that the appeal
preferred by the appellant was disposed of by order dated 12.07.2022 and
the matter was remitted to the National Counsel for Teacher Education
for fresh considertation. Thereafter, the NCTE by proceedings dated
02.09.2022 passed an order continuing the recognition for B.Ed.,
programme with an annual intake of (2 basic units) of 50 students each
subject to the fulfilment of certain conditions.
5. For the purpose of convenience, the operative portion of the
order dated 02.09.2022 are extracted hereunder:-
“8. NOW THEREFORE, this order is issued permitting the
institution i.e. Arulmigu Kalasalingam College of Education,
Survey No. 518, Renappanaicker patti, Panchayat, Kunnur
Village, Virudhunagar District, Tamilnadu-626190 run by
Kalasalingam and Anandam Ammal Charities, Survey No. 518,
Renappanaicker patti, Panchayat, Kunnur Village,
Virudhunagar District, Tamilnadu-626190 for continuation of
recognition for B.Ed. Programme for two-years duration with
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.497 of 2023
an annual intake of (2 basic units) of 50 students each subject
to fulfilment of the following conditions:-
I. The Endowment fund of Rs. 5 lakhs and Reserve fund of
Rs. 7 lakhs kept in joint account with Regional Director
of NCTE should be maintained perpetually. Raising loan
against the FDRs or mortgaging them shall not be done.
II. The institution shall comply with the various other
norms and standards prescribed in the NCTE
Regulations, 2014 as amended from time to time.
III.The institution shall make admissions only after it
obtains affiliation from the examining body in terms of
clause 8(10) of the NCTE (Recognition Norms &
Procedure) Regulations, 2014.
IV. The institution shall ensure that the required number of
academic staff duly approved by affiliating body for
conducting the course should always remain in position.
9. Further, the institution is required to fulfill all such other
requirements as ma be prescribed by other regulatory bodies
like UGC, affiliating University /Body, the State Government
etc. as applicable.
10. The institution shall submit to Regional Committee as Self
- Appraisal Report at the end of each academic year along with
the statement of annual accounts duly audited by a Chartered
Accountant.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.497 of 2023
11. The institution shall maintain its Website with hyperlink to
the Council and the Southern Regional Committee, covering,
inter - alia, the details of the institution, its locations, name of
the programme(s) with intake; available of physical
infrastructure, such as land, building, office, classrooms, and
other facilities of amenities; instructional facilities, such as
Laboratory and laboratory and library and the particulars of
their teaching faculty and non-teaching staff with photographs,
for information of all concerned. The information with regard
to the following shall also be made available on the website
namely:-
a) Sanctioned programme(s) along with annual intake
in the institution;
b) Name of faculty and staff in full as mentioned in
school certificate along with their qualifications,
scale of pay and photograph;
c) Name of faculty members who left of joined during
the last, quarter;
d) Name of Students admitted during the current
session along with qualification, Percentage of marks
in the qualifying examination and in the entrance
test, if any, date of admission, etc ;
e) Fee charged from students;
f) Available infrastructural facilities;
g) Facilities added during the last quarter;
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.497 of 2023
h) Number of books in the library, journals subscribed
to and additions, if any, in the last quarter;
i) The affidavit with enclosure submitted along with
application;
j) The institution shall be free to post additional
relevant information if it so desires;
k) Any false or incomplete information on website shall
render the institution liable for withdrawal of
recognition.”
6. Pursuant to the order of the NCTE it is also admitted that the
University has granted affiliation. However, the issue to be addressed
here is the fate of the students who were given admission in the
institution for the academic years 2021-22.
7. The stand taken by the University was that the appellant
institution admitted students without permission and without recognition.
Since the students were admitted before the order of NCTE on
02.09.2022, the University has no occasion to know the proceedings that
were pending. It is to be noted that University was not approached
during the interregnum. Since the University did not give affiliation for
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.497 of 2023
2021-2022 and 2022-23, the students were not allowed to write the
examinations. It is in the said circumstances, since the University has not
recognised the students admitted during the interregnum, the appellant
filed the Writ Petition for the issuance of a Writ of Mandamus, directing
the University to grant continuation of affiliation for 2021-22 to the
appellant College and permit the students of the appellant College to
undergo School Internship Teaching Practice and to appear for the I & II
Semester examinations within the time stipulated by this Court. This Writ
Petition was dismissed by a learned Single Judge with a cost of
Rs.5,00,000/-. Aggrieved by the same, the Writ Appeal is preferred by the
Writ Petitioner.
8. Learned Single Judge did not agree with the case of the
appellant on the ground that the appellant had suffered an order of
withdrawal of recognition and had admitted students without seeking
permission to admit the students.
9. On the admitted facts, it is seen that the National Counsel of
Teacher Education by order dated 02.09.2022, permitted the institution
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.497 of 2023
for continuation of recognition for B.Ed. Programme for two years
duration with an annual intake of 100 students (with two basic units of
50 students) subject to fulfilment certain conditions. It is not the case of
the University that the appellant did not fulfil the conditions that were
imposed in the order dated 02.09.2022. The facts remain that the students
completed the regular classes. However, because of the fact that the
University failed to recognise the students as validly admitted, the
students were not allowed to write any examinations.
10. It is admitted before this Court that the earlier order
withdrawing the recognition was on appeal. The appeal was allowed,
therefore, the original order, withdrawing recognition is not in force.
After remand, the NCTE has passed an order permitting the institution
for continuation of recognition. The University has also now given
affiliation. It is in that circumstances, this Court is unable to sustain the
order of the learned Single Judge by holing that the students cannot write
the examination.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.497 of 2023
11. Having regard to the facts admitted before this Court, after
taking that view, this Court directed the appellant College to submit the
list of students, who have been admitted during the academic year
2021-22 and completed their course in 2022-23. The University was
directed to process the application of the students to write the
examinations and to report. The University has now reported before this
Court that after scrutiny of documents submitted by the College, all the
100 students who were admitted to the two year course for the academic
year 2021-22 are eligible and no deficiency is noticed by the University.
In the said circumstances, we take it that the students are eligible to write
the examinations and should be permitted to write the examinations
because there is no order withdrawing recognition for 2021-22.
12. Considering the facts that the students are not at fault and
the withdrawal of recognition was later set aside and later on remand
continuation of recognition was directed by the NCTE, this Court finds
that the students cannot be put to injury. Therefore, the University is
directed to conduct a Special Examination for the students who were
admitted for the academic year 2021-22 in respect of all the four
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.497 of 2023
semesters. The appellant shall bear the entire costs of such examinations.
It is open to the University to decide the date and time of examinations
and the other procedural aspects. Considering the plights of the students,
the University is directed to conduct the examination as early as possible
preferably within a period of three months from the date of receipt of a
copy of this order and the result shall be declared thereafter within a
period of two months.
13. Accordingly, this Writ Appeal is allowed and the impugned
order of the learned Single Judge dated 12.04.2022 is set aside. There is
no order as to costs. Consequently, connected Civil Miscellaneous
Petition is closed.
[S.S.S.R., J.] [D.B.C., J.]
13.09.2023
NCC : Yes / No
Index : Yes / No
sj
To
1.The Appeal Committee,
National Council for Teacher Education,
Rep. by its Chairperson,
G-7, Sector 10, Dwarka,
New Delhi – 110 075.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.497 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
sj
2.The Regional Director,
Southern Regional Committee,
National Council for Teacher Education,
G-7, Sector 10, Dwarka,
New Delhi – 110 075.
W.A.(MD) No.497 of 2023
13.09.2023
https://www.mhc.tn.gov.in/judis
