IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18 / 03 / 2011 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.NO.10829 OF 2009 AND M.P.NO.1 OF 2009 1.C.Senthilkumar 2.V.Suresh Babu 3.M.Sivaji Ganesan 4.S.Vetrivel 5.S.Kamalahasan 6.P.Praveenkumar 7.S.Dileepkumar 8.T.Balamurugan 9.M.Bhoopathy Raja 10.M.Karthik 11.A.Murugan 12.M.Muralikrishnan 13.S.Prabhakaran 14.S.Prabhu 15.E.Ramesh 16.M.Ramakrishnan 17.C.Paramasivam 18.M.Pandy 19.M.Iyappan 20.V.Rajesh 21.R.Manikandan 22.M.Madhan 23.B.Senthilkumar 24.Sathishkumar 25.Vivek 26.Sivakumar 27.V.Venkatesan 28.M.Arunachalam 29.C.Venkatachalam 30.M.Murugan 31.Balaji 32.O.Velumani 33.G.Gopalakrishnan 34.K.Sathishkumar 35.C.Raja 36.C.Raja 37.S.Ravi 38.S.Saravanan https://hcservices.ecourts.gov.in/hcservices/ 39.A.Suresh 40.K.Venkatesan 41.C.Pugazhendhi 42.P.Sriram 43.Wilson Chinnaparaj 44.Loganathan 45.S.Sachidanandham 46.S.Sundarraj 47.G.Muniyaraj 48.Sathyamurthy 49.Senthilkumar ... Petitioners Versus 1.The Director of Teacher Education Research and Training College Road, Chennai – 600 006. 2.The Director of Government examination College Road, Chennai – 600 006. 3.The District Institute of Education & Training Vadalur, Cuddalore District. 4.Annai Sathiya Men Teacher Training Institute Run by the Society for Minority People Movement Aiming Development in Several Aspects Periyakumatti – 608 501. Chidambaram Taluk, Cuddalore District. Rep. by its Correspondent Victor Balachander ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the 1st and 2nd respondents to publish the results of the petitioners who have undergone their two year Diploma (D.T.Ed Course) in the 4th respondent institution and have written their first and second year D.T.Ed., examination which was held from 18/12/2006 and from 08/10/2007 and consequently issue their Diplomas, Certificates thereafter. For Petitioners : Mr.K.Sridhar for M/s.Sridhar Associates For Respondents 1-3: Mrs.Dakshayini Reddy Government Advocate For Respondent 4 : Mr.B.Rabu Manohar https://hcservices.ecourts.gov.in/hcservices/ O R D E R The petitioners are unfortunate students who underwent Diploma in Teacher Education (D.T.Ed.,) in the fourth respondent institution during the period 2005-2007. Though they wrote examinations for both the first and second year in 2006 and 2007 respectively, their results are yet to be published. They filed the present writ petition praying for a direction to the respondents 1 and 2 to publish their results. 2.The brief facts leading to the filing of this writ petition are as follows: (a) The fourth respondent is a Teacher Training Institute. The Southern Regional Committee, National Council for Teacher Education (NCTE), Bangalore granted recognition to the fourth respondent institution to offer D.T.Ed., course of two years duration from the academic session 2005-2006 with an annual intake of 50 students, by an order dated 23.11.2005. (b) The petitioners numbering 49 are the students admitted in D.T.Ed., course of two years duration for the academic session 2005-2006. When the first year examinations for the D.T.Ed., course were scheduled to commence from 18.12.2006, the petitioners were not permitted to write the examinations on the ground that the faculty members of the fourth respondent institution were not approved by the respondents 1 to 3. (c) Hence, the fourth respondent institution filed a writ petition in W.P.No.48246 of 2006 praying for a direction to the second respondent to permit 50 students of its institution to sit for the D.T.Ed., course first year examinations that were to commence from 18.12.2006. This Court by an order dated 13.12.2006 in W.P.No.48246 of 2006 permitted the students to write the first year examinations. (d) Accordingly, the petitioners herein wrote the first year examinations. However, their results are yet to be published. (e) In the meantime, the first respondent passed an order dated 30.11.2006 refusing to approve three faculty members of the fourth respondent institution. (f) Challenging the order dated 30.11.2006, the fourth respondent filed a writ petition in W.P.No.49645 of 2006. This Court passed an order dated 03.04.2007 and quashed the aforesaid order dated 30.11.2006 and remitted the matter to the concerned authority to decide the issue afresh. https://hcservices.ecourts.gov.in/hcservices/ (g) Again the first respondent passed an order dated 26.07.2007 refusing to approve the three faculty members for the academic session 2006-2007. (h) Hence, the fourth respondent filed writ petition in W.P.No.31281 of 2001 to quash the said order dated 26.07.2007 of the first respondent and for a consequential direction to the first respondent to grant staff approval for its institution. (i) The fourth respondent institution filed a miscellaneous petition in M.P.No.2 of 2007 in W.P.No.31281 of 2007 seeking for a direction to the respondents to permit the students to write the second year examinations. This Court passed an order dated 03.10.2007 in M.P.No.2 of 2007 in W.P.No.31281 of 2007 permitting the students to write the second year examinations. Accordingly, the petitioners wrote the second year examinations. But their results are not yet published. (j) This Court passed an order dated 07.02.2008 in W.P.No.31281 of 2007 refusing to quash the order dated 26.07.2007 of the first respondent. However, this Court directed the fourth respondent institution to make a representation to the first respondent seeking to publish the results of the students, who have already written their examinations. (k) Hence, the petitioners, who had undergone D.T.Ed., course in the fourth respondent institution during 2005-2007, have come up with the present writ petition seeking for a direction to the respondents 1 and 2 to publish their results. 3.The first respondent filed counter affidavit refuting the allegations made in the affidavit filed in support of the writ petition. It is stated in the counter that since the fourth respondent has not obtained staff approval, the petitioners ought not to have been admitted by the fourth respondent institution. The details of various Government Orders issued by the Government regulating the Teacher Training Course and the details of the writ proceedings challenging those Government Orders, are given in the counter affidavit. In view of the various orders passed by this Court making it clear that unless approval for faculty members was granted, the students could not seek for declaration of results, though they wrote examinations. 4.Heard Mr.K.Sridhar, learned counsel for the petitioner and Mrs.Dhakshayini Reddy, learned Government Advocate for the respondents 1 to 3 and Mr.Rabu Manohar, learned counsel for the fourth respondent institution. https://hcservices.ecourts.gov.in/hcservices/ 5.The Southern Regional Committee, NCTE, Bangalore granted recognition to the fourth respondent institution vide order dated 23.11.2005 to offer D.T.Ed., course of two years duration from the academic session 2005-2006. Based on the recognition, the petitioners in the present writ petition were admitted for the first year during the year 2005-2006. It is not in dispute that the students underwent the course during that period. As per the NCTE Regulations, there should be six teachers including the Principal. The qualifications for such teachers are also prescribed in the NCTE Regulations. 6.While so, the first respondent passed an order dated 30.11.2006 refusing to grant approval for three of the faculty members of the fourth respondent institution namely, Tmt.Bakthagowri, Thiru.R.Raghavan and Thiru.T.Nedumaran. The deficiencies pointed out by the first respondent is that when Tmt.Bakthagowri claimed that she belongs to Scheduled Caste, the community certificate was not produced and the same was issued only on 24.11.2006. In respect of other two persons, the service certificates were signed only by the Assistant Elementary Educational Officer, instead of the District Elementary Educational Officer. Since the staff approval was not granted, the petitioners were not permitted to write the first year examinations that were to commence from 18.12.2006. Hence, the fourth respondent institution filed a writ petition in W.P.No.48246 of 2006 seeking for a direction to the second respondent to permit the 50 students of its institution to sit for the examinations and to publish their results thereafter. 7.After hearing all the parties, this Court virtually allowed the writ petition in W.P.No.48246 of 2006, on 13.12.2006, on merits. This Court recorded a finding that the respondents were not correct in refusing to grant approval for the staff list on the ground that the community certificate was issued only on 24.11.2006 to Tmt.Bakthagowri. In view of the community certificate, it is now made clear that Tmt.Bakthagowri belongs to Scheduled Caste community and the same is not in dispute. Likewise, as far as the other two candidates are concerned, the objection made by the respondents 1 and 2 was rejected by the learned Judge on the ground that the third respondent endorsed the service certificates and forwarded the same for approval to the first respondent. Since the third respondent made endorsement on the service certificates and the same were forwarded to the first respondent for passing appropriate orders, the first respondent could not now contend that the service certificates were signed only by the Assistant Elementary Educational Officer, instead of the District Elementary Educational Officer. In this regard, paras 4 and 5 of the order dated 13.12.2006 passed in W.P.No.48246 of 2006 are extracted hereunder: "4.However, on account of the fact that the community certificate was issued only on 24.11.2006, https://hcservices.ecourts.gov.in/hcservices/ the respondents cannot refuse to grant approval for the staff list. The appointment of the candidate Baktha Gowri as a candidate belonging to Scheduled Caste Community has now been fortified by the proof of the Community Certificate. 5.In so far as the other two candidates are concerned, the objection that those Community Certificates have been signed by the Assistant Elementary Educational Officer, cannot now stand, in view of the fact that those certificates have been forwarded by the third respondent with an endorsement, dated 28.07.2006. If those certificates had not been issued by the appropriate authority, the third respondent ought not to have made endorsement and forwarded the same. Even, otherwise, the first respondent ought to have pointed out the deficiency earlier, to enable the petitioner to rectify the same. Since, it has not been done, the petitioner is entitled to have the students permitted to sit for examination." 8.Thus, this Court found that there was no justification for the first respondent to refuse staff approval on the ground mentioned in the order dated 30.11.2006. Though the said order dated 30.11.2006 was not put to challenge in W.P.No.48246 of 2006, after recording the aforesaid findings, this Court directed the second respondent to permit the petitioners to write the first year examinations commencing from 18.12.2006. In this regard, para 6 of the order dated 13.12.2006 passed in W.P.No.48246 of 2006 is extracted hereunder: "6.In such circumstances, this writ petition is ordered, directing the second respondent to permit the students of the petitioner institution, listed in the annexure to the writ petition to take the first year D.T.Ed., examination, commencing from 18.12.2006......" 9.Since this Court allowed the writ petition in W.P.No.48246 of 2006 on merits permitting the students of the fourth respondent institution to write the first year examinations, the first respondent ought to have published the results of the petitioners. This Court did not put a condition that the petitioners were permitted to write their examinations, but their results should be published subject to the outcome of the staff approval. If such a condition was imposed by this Court, then the respondents 1 and 2 are justified in not publishing the results of the petitioners. Since it was found on merits that there is no substance in refusing approval https://hcservices.ecourts.gov.in/hcservices/ of the faculty members, the respondents 1 and 2 ought to have published the results. Among the six teachers, as stated above, the objection of the respondents 1 and 2 related only to those three teachers and their objections are also of the nature as stated above. Under such circumstances, in view of the aforesaid order dated 13.12.2006 passed in W.P.No.48246 of 2006, I am of the view that the petitioners are entitled for a direction to the respondents 1 and 2 to publish their results for the first year examinations that took place from 18.12.2006. 10.In view of the privatization in education, so many Teacher Training Institutes came into existence, particularly after 2005-2006. In these circumstances, the Government issued an order in G.O.(2D).No.59, School Education (U1) Department, dated 14.11.2006 relating to admission of students to D.T.Ed., course for the academic year 2006-2007 and the approval of teaching faculty. As per this G.O., the last date for admission of students to D.T.Ed., course for the academic year 2006-2007 is 30.11.2006 and there should not be any admission of students beyond 30.11.2006 and the last date for the approval of teaching faculty by the first respondent for the newly recognized private Teacher Training Institutes for the academic year 2006-2007 is 20.11.2006. Challenging the said G.O.(2D) No.59, a batch of writ petitions in W.P.Nos.47503 of 2006 etc., were filed by various Teacher Training Institutes including the fourth respondent institution. 11.While challenging G.O.(2D) No.59 in W.P.No.49645 of 2006, the fourth respondent institution also challenged the order dated 30.11.2006 of the first respondent refusing to grant approval for the faculty members and sought for a consequential direction to grant approval for its faculty members. The said writ petition in W.P.No.49645 of 2006 was disposed of by a common order dated 03.04.2007. 12.This Court, while disposing the batch of writ petitions in W.P.Nos.47503 of 2006 etc., upheld the Government Order in G.O. (2D) No.59 prescribing 30.11.2006 as the last date for admission of students for the academic year 2006-2007. However, the last date for approval of faculty members was extended from 20.11.2006 to 09.03.2007 for the academic year 2006-2007 alone, in view of another order passed by the Government in G.O.(2D) No.7, School Education Department, dated 09.02.2007 extending the last date for approval of faculty members as 09.03.2007 from 20.11.2006. 13.As stated above, while upholding G.O.(2D) No.59 in W.P.Nos.47503 of 2006 etc. batch, this Court issued directions to the State Government that the Government should issue a compendium of guidelines prescribing calendar of activities for the Teacher Training Institutes indicating (i) the cut off date for approval of https://hcservices.ecourts.gov.in/hcservices/ staff members (ii) cut off date for admission of students etc. The State Government was further directed to issue the said compendium of guidelines within two months and it shall take effect from the academic year 2007-2008 onwards. In this regard, para 27(a) (b) and (c) of the aforesaid order dated 03.04.2007 passed in W.P.Nos.47503 of 2006 etc. batch, is extracted hereunder: "27.Therefore, in fine, all the writ petitions are disposed of with the following directions:- (a) The impugned Government Order G.O.(2D) No.59, School Education Department, dated 14.11.2006, prescribing 30.11.2006 as the last date for admission of students for the academic year 2006-2007, is upheld as perfectly valid and the same is binding on all Teacher Training Institutes. (b) Since the last date for approval of Faculty Members had been extended by the State Government under G.O.(2D) No.7, School Education Department, dated 9.2.2007 from 20.11.2006 to 9.3.2007, the Director of Teacher Education Research and Training shall approve the admission of students in all Private TTIs, if their admission had taken place before 30.11.2006 and the list of Faculty Members had been submitted before 9.3.2007. This concession is only in respect of the current academic year 2006- 2007, since the Amended Regulations, 2005 were notified on 13.1.2006 and the revised Appendix-2 Norms and Standards under Amended Regulations 2006 were notified only on 11.12.2006. (c) Within two months from the date of receipt of a copy of this order, the State Government shall issue a compendium of guidelines, prescribing the calendar of activities for the Teacher Training Institutes, indicating (i) the date of commencement of the Course, (ii) the cut off date for approval of staff members, (iii) the cut off date for admission of students, (iv) the cut off date for holding Single Window Counselling, for sponsoring candidates under the Government Quota, (v) the method of recruitment of Teaching Faculty, administrative and technical support staff, (vi) the calendar of activities for the academic year including the days of instruction and days of internship, (vii) the schools in which the internship could be undergone, (viii) the schedule for the Examination as well as the https://hcservices.ecourts.gov.in/hcservices/ Commission Work and Observation Work and (ix) such other matter as required for streamlining the system of Teacher Education in the State. The said compendium of guidelines, shall be issued by the Government within two months and it shall take effect from the academic year 2007-2008 onwards." 14.As state above, the Government Order in G.O.(2D) No.59 itself relates to fixation of cut off date relating to admission of students and approval of faculty members for the academic year 2006- 2007 for the newly recognized Teacher Training Institutes for the year 2006-2007. As state above, the list of faculty members submitted before 09.03.2007 in respect of the academic year 2006-2007 by the Teacher Training Institutes shall be entertained and the concerned authority should pass appropriate orders, as per the aforesaid order dated 03.04.2007 passed in W.P.Nos.47503 of 2006 etc., batch. 15.Based on the said order dated 03.04.2007 passed in W.P.Nos.47503 of 2006 etc., batch, the first respondent passed an order dated 26.07.2007 refusing to grant approval for the faculty members of the fourth respondent institution. This time, the reasons are different. It is stated that there is impersonation in relation to one Mr.P.Elango, that is while the certificates relates to Mr.P.Elango, the photograph affixed relates to one Mr.K.S.Elangovan. The second reason is that another faculty member Mr.Thirugnanasambandam was employed by the fourth respondent institution in their Middle School, while it was stated that he was employed in the fourth respondent institution. The third reason is that Tmt.Bakthagowri, faculty member did not have the required experience of five years service in the Middle School and instead, she served only for four years and 39 days. 16.Pursuant to the directions issued by this Court on 03.04.2007 in W.P.Nos.47503 of 2006 etc. batch, the Government issued a compendium of guidelines in G.O.(Ms) No.108, School Education Department, dated 17.05.2007 relating to the cut off date for the admission of students and cut off date for approval of teaching staff etc., from the year 2007-2008. As per this G.O., the academic year for Teacher Training Institutes is from July to June and the last date for the admission of students is 31st July and the last date for approval of faculty members is 20th of June every year. 17.As stated above, pursuant to the directions issued in para 27(b) of the judgment dated 03.04.2007 passed in W.P.Nos.47503 of 2006 etc. batch, the first respondent passed an order dated 26.07.2007 refusing to approve the list of faculty members, as submitted by the fourth respondent institution, as stated above. Thus, the fourth respondent was not able to admit students during 2006-2007. Hence, the fourth respondent institution filed the writ https://hcservices.ecourts.gov.in/hcservices/ petition in W.P.No.31281 of 2007 to quash the aforesaid order dated 26.07.2007 of the first respondent and for a consequential direction to the second respondent to grant staff approval from the academic year 2006 onwards. 18.The fourth respondent institution also filed a miscellaneous petition in M.P.No.2 of 2007 in W.P.No.31281 of 2007 seeking interim direction to permit its students to write second year examinations that were to commence in October 2007. This Court passed an interim order dated 03.10.2007 in M.P.No.2 of 2007 in W.P.No.31281 of 2007 permitting the students to take the second year examinations. Accordingly, the petitioners herein wrote the second year examinations. 19.The said interim order dated 03.10.2007 was questioned by the respondents 1 to 3 herein by filing W.A.No.1295 of 2007. The writ appeal was disposed on 03.01.2008 by directing the Registry to list the writ petition in W.P.No.31281 of 2007 for final disposal on 05.02.2008. While disposing the writ appeal, a Division Bench of this Court held that the publication of the results would depend upon the outcome of the writ petition. 20.At this juncture, it is relevant to note that the Division Bench put a condition that publication of results of the second year examinations was subject to the result of the writ petition in W.P.No.31281 of 2007, i.e., when the order dated 03.10.2007 passed in M.P.No.2 of 2007 in W.P.No.31281 of 2007 was challenged by the respondents 1 to 3 by filing an appeal, this Court made it very clear that the publication of the results would depend ultimately on the outcome of the writ petition. But no such condition was laid, when the earlier order dated 13.12.2006 was passed in W.P.No.48246 of 2006. 21.In fact, this Court found on merits that objection for not granting approval for the faculty members for the year 2005-2006 was not justified. Hence, the petitioners are entitled for the publication of their results for the first year examination, in view of the categorical pronouncement of this Court in W.P.No.48246 of 2006, dated 13.12.2006. However, the publication of the result of the second year examinations would depend upon the outcome of the writ petition in W.P.No.31281 of 2007. 22.This Court disposed the writ petition in W.P.No.31281 of 2007 on 07.02.2008. The teachers namely, Mr.R.Raghavan and Mr.T.Nedumaran, who were approved by the order dated 13.12.2006 in W.P.No.48246 of 2006, resigned from service on 07.03.2007. The impugned order dated 26.07.2007 of the first respondent found that there was impersonation in the case of Mr.P.Elango. As far as Mr.Thirugnanasambandam is concerned, it was stated that he worked at the Middle School of the fourth respondent Management, while it was https://hcservices.ecourts.gov.in/hcservices/ stated that he was also employed in the fourth respondent institution as Lecturer. On those grounds, the approval was rejected by the second respondent. The other reason was that Tmt.Bakthagowri, did not render five years of service in the Middle School as prescribed in the Regulations. This Court found that prima facie Tmt.Bakthagowri is eligible for approval and that she served for five years. In fact, the School also produced the details of the earlier services rendered by Tmt.Bakthagowri. She rendered more than five years in the Middle School. But this Court categorically held that the fourth respondent is not eligible for approval of faculty members for the academic year 2006-2007 for their conduct, which was demonstrated by the respondents Nos.1 to 3. 23.In para 11 of the order dated 07.02.2008 passed in W.P.No.31281 of 2007, this Court held that the fourth respondent institution is not entitled for any indulgence for being considered for the academic year 2006-2007, as they included one of the candidates by impersonation. However, this Court recorded that the interest of the students, who were already admitted, i.e., the petitioners herein, has to be taken into consideration. In this regard, para 11 of the said order is extracted hereunder: "11.On hearing the learned counsel for the petitioner as well as the learned Special Government Pleader and on the factual position that the petitioner institution has approached the respondent for the purpose of approval of teachers list including one of the candidates by impersonation, I am of the considered view that the petitioner is not entitled for any indulgence for being considered for the academic year 2006-2007. In any event, the interest of the students has to be taken into consideration for, by virtue of the above said conduct of the petitioner, the interest of the students should not be affected." 24.While making it clear that the fourth respondent institution is not entitled for approval of faculty members for the year 2006-2007, due to their conduct, this Court quashed the order dated 26.07.2007 of the first respondent and the fourth respondent was permitted to make fresh representation to the first respondent regarding the two teachers viz., Mr.P.Elango and Mr.Thirugnanasambandam. Ultimately, this Court held that the petitioners were validly admitted for the academic year 2005-2006 and that their case relating to publication of results should be considered by the first respondent, on an appropriate representation being made by the fourth respondent institution. In this regard, para 16 of the order dated 07.02.2008 passed in W.P.No.31281 of 2007 is extracted hereunder: https://hcservices.ecourts.gov.in/hcservices/ "16.In view of the fact that the students were permitted to write examination by order of this Court, it is open to the petitioner to make appropriate representation to the first respondent, which shall be considered by the first respondent including the release of results of the students, who have already written their examination, taking into consideration the interest of the students, who have been validly admitted for the academic year 2005-2006 during the period when there was an approval by the NCTE." 25.Thus, this Court made it clear that the fourth respondent was not eligible for approval of faculty members for the year 2006-2007. Hence, the fourth respondent seems