1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.11146 of 2011 and M.P.(MD)No.1 of 2011 K.Shanmuga Priya : Petitioner Vs. 1.The Director, Directorate of Teacher Education Research and Training, College Road, Chennai - 600 006. 2.The Joint Director, Directorate of Teacher Education Research and Training, College Road, Chennai - 600 006. 3.District Institute of Education and Training, Uthamapalayam, Theni District. 4.The Principal, Theni Kammavar Sangam Teacher Training Institute, Theni Road, Koduvilarpatti Post, Veerapandi Via, Theni District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing these respondents to permit the petitioner to continue and re-do the second year teacher training Diploma Course in the fourth respondent school for the academic year 2011-2012. For Petitioner : M/s.F.X.Eugene For Respondents 1 to 3 : Mr.B.Pugalenthi, Special Government Pleader ORDER This Writ Petition has been filed by K.Shanmuga Priya seeking for the issuance of a Writ of Mandamus directing these respondents to permit the petitioner to continue and re-do the second year teacher training Diploma Course in the fourth respondent school for the academic year 2011-2012. 2. Heard Mr.F.X.Eugene, the learned Counsel for the petitioner and Mr.B.Pugalenthi, learned Special Government Pleader appearing for the respondents. 3. The learned counsel appearing for the petitioner would submit that this is a special case where the petitioner joined in the fourth respondent Teacher Training School in the year 2008-2009 by paying the first year tuition fees on 21.07.2008 and subsequently, she has also appeared for the first year Government examination held in the month of June, 2009 and passed in all the subjects in the first year by securing high marks. After https://hcservices.ecourts.gov.in/hcservices/ 2 completing the first year, when she paid necessary tuition fees for the second year course, in view of certain family circumstances she had to marry a military personnel and after the marriage, she went along with her husband to military camp, hence, she was not able to continue her second year teacher training course in the fourth respondent training school. The fourth respondent teacher training school is a private management coming under the jurisdiction of third respondent in Theni District. Therefore, after coming from the military camp, the petitioner approached the fourth respondent teacher training school with a request to re-admit the petitioner in their school to enable her to complete the second year course by taking into account the family circumstances under which she was not able to complete her second year course. The fourth respondent has declined to consider the said request. Therefore, the petitioner also presented a petition before the first respondent on 05.07.2011. As there was no reply for the same, she was constrained to come to this Court by filing the present writ petition. 4. The learned Counsel appearing for the petitioner would further submit that in a similar circumstances a similarly placed student who discontinued the second year course due to inability, after some time on refusal to such student to continue the second year teacher training course approached this Court and this Court by order dated 02.07.2010 made in W.P.(MD) No.7216 of 2010 issued a direction to the third respondent to permit the petitioner to join the second year course. On that basis the petitioner prayed for the same relief. 5. The learned Special Government Pleader appearing for the respondents having also appeared in the earlier writ petition in W.P. (MD) No.4355 of 2011, has submitted that if the petitioner, who has discontinued her second year diploma course, is permitted once again to re-do the second year course, this would create unnecessary problem to the fourth respondent institute as it would exceed the total number of sanctioned strength fixed by the Southern Regional Committee - National Council for Teacher Education because it would affect the next batch of students coming to second year Diploma in Teacher Education Course. On that basis, it was contended that the petitioner who was given admission for the two year diploma course in the year 2008 for the reason that she has got married in the middle of the course she herself withdrew from the course and after two years the petitioner cannot be allowed to rejoin in the second year course, as this would be not only causing inconvenience to the teachers and students but also to the petitioner for the reason that by this time in all probabilities she could have forgotten even the first year subjects. 6. Though his submissions find some force, yet, in two of the similar circumstances, this Court has given a direction directing the teacher training institute to permit the writ petitioner therein to complete and re-do the second year course for the reason that if a teacher trainee is compelled to discontinue from the second or first year course on account of any illness or accident, allowing such candidate after recovery to complete and re-do either the first year or the second year course will not invite any problem from the National Council for Teacher Education. The said ratio and principle will also equally apply to this case, as in this case also, the petitioner after completing her first year course, deposited her tuition fee for the second year course on 15.07.2009 and after attending the classes for few months, due to compelling family circumstances, the https://hcservices.ecourts.gov.in/hcservices/ 3 petitioner was married to a military personnel and after the said marriage, she also accompanied her husband to live with him for some time in a military camp. However, afterwards, the petitioner has come back and wanted to complete the second year course for which she had also paid the second year tuition fee on 15.07.2009. 7. In view the above said circumstances, this Court is inclined to extend the benefit that has already been given to the similarly placed persons in the above mentioned order. Accordingly, the fourth respondent is directed to permit the petitioner to re-do her second year course for the academic year 2012-2013. The learned counsel for the petitioner also fairly come forward to pay once again the fees for the second year diploma course. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. SD ASST REGISTRAR ( Records ) /TRUE COPY/ srm SUB ASST REGISTRAR To 1.The Director, Directorate of Teacher Education Research and Training, College Road, Chennai - 600 006. 2.The Joint Director, Directorate of Teacher Education Research and Training, College Road, Chennai - 600 006. 3.District Institute of Education and Training, Uthamapalayam,Theni District. 4.The Principal, Theni Kammavar Sangam Teacher Training Institute, Theni Road, Koduvilarpatti Post, Veerapandi Via, Theni District. 1CC TO THE SPL. GOVT PLEADER SR: 39904: 1CC TO MR. F.X. EUGENE, ADVOCATE, SR: 39772: DM::2011:DECEMBER:20:: Order made in W.P.(MD).No.11146 of 2011 Dated:- 15.11.2011 3P:7C:: https://hcservices.ecourts.gov.in/hcservices/