Citation : 2026 Latest Caselaw 375 Mad
Judgement Date : 23 January, 2026
2026:MHC:262
W.P.No.1835 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2026
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Writ Petition No.1835 of 2026
and W.M.P.No.1920 of 2026
S.Uzma Farheen .. Petitioner
Vs.
1.The State of Tamil Nadu,
Rep.by its Secretary
Education Department
Fort St.George, Chennai – 600 009.
2.The Director
Director of Collegiate Education
9th Floor, EVK Sampath Building
College Road, Chennai – 600 006.
3.The Regional Joint Director
Office of the Regional Joint Director of College Education
Institute of Advanced Study in Education Campus
Saidapet, Chennai – 600 015.
4.The Principal
Institute of Advanced Study in Education
Government College, Saidapet, Chennai – 600 015.
5.The Principal
Jaigopal Garodia Government Girls Higher Secondary School
Todd Hunter Nagar, Saidapet, Chennai. .. Respondents
Page 1 of 7
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W.P.No.1835 of 2025
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking
a Writ of Certiorarified Mandamus, calling for the entire records relating to the
proceedings dated 13.01.2026 issued by the 4 th respondent, to quash the same as
illegal and arbitrary, and consequently direct the 4 th respondent to condone the
shortfall in my attendance and permit me to appear for the B.Ed Practical
Examination and pass such further or other orders.
For the Petitioner : Mr.K.Hassan Ali
For the Respondents : Mr.A.M.Ayyadurai
Government Advocate for RR1 -4
ORDER
This Writ Petition is filed for a direction in the nature of Certiorarified
Mandamus, calling for the records relating to the proceedings dated 13.01.2026
issued by the 4th respondent and to quash the same as illegal and consequently
direct the 4th respondent to condone the shortfall in attendance and to permit the
petitioner to appear for the B.Ed Practical Examination and for other orders.
2. Upon hearing the learned counsel for the petitioner and perusing the
material records of the case, it is the case of the petitioner that currently she is
undergoing B.Ed course for the academic period 2024 – 2026. While so, the
petitioner had to undergo the teaching practice internship for a minimum number
of days 78 days at the 5th respondent – School, from 20.08.2025 to 23.12.2025.
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3. It is stated that on account of termination of pregnancy leading to
further complications, the petitioner was advised of absolute rest. On account of
which, she could do the teaching practice internship only for 46 days and there is
a shortfall of 32 days out of 78 days. When she approached the respondents for
writing the practical examination, the order impugned in this Writ Petition was
passed stating that she was not granted permission to write the examinations.
Therefore, the petitioner is before this Court.
4. In reply, the learned Government Advocate appearing on behalf of the
respondents 1 to 4 would submit that the National Council for Teacher Education
(NCTE) should have been added as mandatory party and this apart as prescribed,
90 % of attendance would be required, which comes to 78 days, whereas the
petitioner has only 46 days (58.97 %). In view of the mandatory attendance
requirement, the petitioner cannot be permitted to write the practical
examination.
5. I have considered the rival submissions made on either side and perused
the material records of the case.
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6. In the normal course, this Court would have permitted the learned
counsel for the petitioner to implead the NCTE as a party and thereafter passed
the final orders. However, the practical examination commencing on 28.01.2026
and there is only one working day in between. In view of the extreme
circumstances, the order is passed in the absence of the NCTE.
7. I have gone through the material records of the case. The petitioner is a
very meritorious candidate all along and her academic record is 86 % aggregate
even at the time of admission to B.Ed. The petitioner pleads that she is
passionate about teaching. This apart, the entire medical records leading to the
termination of pregnancy and the complications thereafter arose to the petitioner
is placed on record. Thus, considering the disadvantage of a woman candidate
arising out of the need for the women to manage the motherhood as well as her
career and considering the Judgment passed by the Hon’ble High Court of Delhi
in Vandana Kandari Vs. University of Delhi1 with reference to the non
insistence of a minimum attendance for a Law course by considering the latest
National Education Policy, whereunder it has been held that as far as possible
2010 SCC OnLine Del 2341
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attempt should be made to make alternative arrangements enabling the students
to fulfill the criteria rather than jeopardizing their career itself, I am of the view
that in the peculiar facts and circumstances of the case, considering the extreme
medical conditions of the petitioner, this is a fit case where the Court can
exercise the discretion by directing the respondents instead of stopping the
petitioner from writing the practical examination, the petitioner shall appear for
the said examination and after completion of practical examination and thereafter
during the study leave or sooner thereafter the petitioner shall complete the
remaining days of trial teaching in the same school as may be directed by the
respondents and fulfill the criteria. The NCTE shall condone this irregularity of
undergoing the part of trial teaching practice post practical examination and
during the course of the other examinations.
8. In view thereof, this Writ Petition is allowed on the following terms,
(i) The impugned order dated 13.01.2026 issued by the 4 th respondent
shall stand set aside. The respondents are directed to permit the petitioner to
write the practical examination scheduled to be held on 28.01.2026 without
insisting for the successful completion of 78 days of trial teaching;
(ii) The petitioner is directed to undergo the balance mandatory period of
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trial teaching or such days as may be permissible at the earliest as may be
directed by the respondents and fulfill the criteria;
(iii) The authorities shall act upon the web copy of this order, without
waiting for the certified copy;
(iv) No costs. Consequently, the connected miscellaneous petition is
closed.
23.01.2026
Neutral Citation : Yes
Jer
To
The Secretary
State of Tamil Nadu,
Education Department
Fort St.George, Chennai – 600 009.
2.The Director
Director of Collegiate Education
9th Floor, EVK Sampath Building
College Road, Chennai – 600 006.
3.The Regional Joint Director
Office of the Regional Joint Director of College Education Institute of Advanced Study in Education Campus Saidapet, Chennai – 600 015.
4.The Principal Institute of Advanced Study in Education Government College, Saidapet, Chennai – 600 015.
5.The Principal Jaigopal Garodia Government Girls Higher Secondary School Todd Hunter Nagar, Saidapet, Chennai.
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D.BHARATHA CHAKRAVARTHY, J.
Jer
23.01.2026
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