IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 05-08-2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.11260 of 2008 and M.P.No.1 of 2008 1.N.Arimarthana Pandian 2.A.Tamil Selvi 3.R.Porselvi 4.Sheela Jayakumari 5.P.S.Amutha Arokiaselvi 6.V.Balaji 7.M.Jaishankar 8.P.Karruppasamy 9.S.Balakrishnan 10.G.Sivakumar .. Petitioners. Versus 1. State of Tamil Nadu Rep. by The Secretary to Government, School Education, Fort St. George, Chennai-600 009. 2.The Director, Teachers Education Research and Training, DPI Compound, Chennai-600 006. 3.The Director of Government Examinations, Department of Govt. Examinations, D.P.I.Compound, College Road, Nungambakkam, Chennai-600 006. 4.Government of India Rep. by The Secretary, National Council for Teachers Education, New Delhi-110 001. (Amended the cause title of the fourth respondent as per Court order, dated 21.08.2008, in M.P.No.2 of 2008 in W.P.No.11260 of 2008 by SNJ) .. Respondents. Prayer: Petition filed seeking for a writ of Declaration, declaring https://hcservices.ecourts.gov.in/hcservices/ that the examination undergone by the petitioners in Diploma in Teacher Training Course are legal and valid in virtue of the Ordinance No.2 of 2006, The National Council for Teacher Education (Amendment and Validation) Ordinance 2006 by the Government of India, dated 11.9.2006, and to direct the respondents 1 to 4 to declare the results of the petitioners for the Diploma in Teacher Training undergone by them in the year 1993 and to issue the mark list and certificates. For Petitioner : Ms.S.Jothivani For Respondents : Ms.Dakshayani Reddy Government Advocate (R1 to R3) Mr.Ramakrishna Reddy (R4) O R D E R Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents. 2. It has been stated that the petitioners had studied Diploma in Teacher Training Course, in various Teacher Training Institutes. They had pursued the course in the respective institutions at a time when the institutions had not been de-recognised. Since the petitioners have failed in one or more subjects they have written the arrear examinations. Even though the results of other similarly placed students have been declared, the results of the petitioners have not been declared, so far. In such circumstances, the petitioners have preferred the present writ petition before this Court, under Article 226 of the Constitution of India. 3. The main contention of the learned counsel for the petitioner is that the Ordinance promulgated by the Government of India, on 11.9.2006, with regard to the Teacher Training Institutes, would prevail over the order of this Court, dated 27.4.1993, made in W.P.No.9494 of 1992. The Government of India has passed the Ordinance only with a view to help the students who had studied in the Teacher Training Institutes, which were de-recognised. Therefore, the non- publication of the results of the petitioners, by the respondents, is arbitrary and illegal. 4. The learned counsel appearing on behalf of the fourth respondent had submitted that only those Teacher Training Institutes, which had the necessary affiliation granted by the Examining Body, namely, the State Government, could apply to the National Council for Teacher Education, under the National Council for Teacher Education (Amendment and Validation) Ordinance, 2006. Since the petitioners had pursued their courses in the various Teacher Training Institutes, which had been de-recognised, in view of the order passed by a https://hcservices.ecourts.gov.in/hcservices/ Division Bench of this Court, in P.M.Joseph V. State of Tamil Nadu and others (1993 Writ L.R. 604), they are not entitled to the reliefs, as prayed for by them, in the present writ petition. 5. The learned counsel appearing on behalf of the respondents 1 to 3 had submitted that the petitioners had undergone the course in unrecognised Teacher Training Institutes. The management of the Institutes concerned had not obtained the deemed recognition from the National Council for Teacher Education, as provided under Section 18B of the National Council for Teacher Education (Amendment and Validation) Ordinance, 2006. Therefore, the present writ petition, filed by the petitioners, is devoid of merits. 6. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, this Court is of the considered view that the petitioners have not shown sufficient cause or reason for this Court to grant the reliefs, as prayed for in the present writ petition. It is not the case of the petitioners that the Teacher Training Institutes, in which they had pursued their Diploma in Teacher Training Courses, were having the necessary recognition and the affiliation from the concerned authorities. On the other hand, the petitioners have stated that they have studied in various Teacher Training Institutes which had been de-recognised pursuant to the order passed a Division Bench of this Court in P.M.Joseph V. State of Tamil Nadu and others (1993 Writ L.R. 604). Further, the petitioners have not been in a position to substantiate their claim that they are entitled to get their results declared, in accordance with the provisions of the National Council for Teacher Education (Amendment and Validation) Ordinance, 2006. No reasons have been given by the petitioners for the delay in preferring the present writ petition. As the writ petition is devoid of merits, it stands dismissed. No costs. Consequently, connected writ petition miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar csh https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary to Government, State of Tamil Nadu School Education, Fort St. George, Chennai-600 009. 2.The Director, Teachers Education Research and Training, DPI Compound, Chennai-600 006. 3.The Director of Government Examinations, Department of Govt. Examinations, D.P.I.Compound, College Road, Nungambakkam, Chennai-600 006. 4. The Secretary, Government of India National Council for Teachers Education, New Delhi-110 001. +1cc to Mr.S.Jothivani, Advocate Sr 35693 +1cc to Govt. Pleader Sr 35885 MSM(CO) km/14.8. Writ Petition No.11260 of 2008 https://hcservices.ecourts.gov.in/hcservices/