IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.3.2010 C O R A M : THE HONOURABLE MR.H.L.GOKHALE, THE CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE V. DHANAPALAN W.A.No.305 of 2010 and M.P.No.1 of 2010 1.U.Jahangeerbasha 2.P.Padmanaban 3.D.Samuel Rajasingh 4.E.R.Srinivasan ... Appellants/Petitioners 13,27,35 & 45 -vs- 1. State of Tamil Nadu rep.by its Secretary to Government, Higher Education Department, Secretariat, Chennai-9. 2. The Tamil Nadu Teachers' Education University, rep.by its Registrar, Lady Willington College campus, Chennai-5. 3. The Registrar, Periyar University, Salem – 11. 4. The Correspondent, Annai College of Education, run by Annai Education & Charitable Trust, Athanurpatti, Valapadi Taluk, Salem District. 5. G.Amirthavalli 6. P.Arivudainambi 7. V.Babyrani 8. K.Balu 9. K.Chitra 10. S.Dhanalakshmi 11. J.Dharisana 12. R.Elayaraja 13. P.Ganesan 14. A.Geetha https://hcservices.ecourts.gov.in/hcservices/ 15. R.Gema 16. A.Ilayarajan 17. P.Jayanthi 18. V.Kamalakkannan 19. K.Kanagarani 20. C.Kaniraja 21. V.Karumbaerum 22. S.Karunakaran 23. S.Kaviarasu 24. A.M.Kumar 25. N.Leelavathi 26. M.Mahendran 27. M.Murugalakshmi 28. V.Muruganandam 29. A.Muthusamy 30. S.S.Pandiyan 31. M.Pragalathan 32. M.Premchander 33. E.Rajkumar 34. N.Rameshan 35. A.N.Ravikumar 36. A.Rosipoornaepsibai 37. N.Santhi 38. M.Saraswathi 39. D.Saravanan 40. R.Sathiskumar 41. A.Senthilkumar 42. P.Senthilkumar 43. R.Senthilkumar 44. N.Senthilprabu 45. V.Sivasaravanan 46. B.suba 47. E.Sugantha 48. M.Suresh 49. S.Tamilselvan 50. M.Tamizhvani 51. V.Thamayanthi 52. S.Thamizhan 53. G.Thiravidaveeran 54. G.Vedhavalli 55. K.Vetrimani .. Respondents (Respondents 5 to 55 are given up in this Writ Appeal.) PRAYER : Appeal filed under Clause 15 of the Letters Patent against the order dated 03.2.2010 made in W.P.No.18087 of 2009 Writ Petition has been filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus,directing the respondents 3 and 4 to publish the result of the petitioners for B.Ed. Course in the Examination held in May 2009 bearing Registration https://hcservices.ecourts.gov.in/hcservices/ numbers from 1180308BD046 to 1180308BD100 respectively and issue certificate and degree of the petitioners on the file of this Court. For appellants : Mr.K.V.Venkatapathy, SC for Mr.N.Srinivasan For respondents : Mr.Raja Kalifulla, GP for R1 Mr.G.Sankaran, Spl.G.P(Edn) for RR2&3 Mr.A.N.Thambidurai for R4 J U D G M E N T (JUDGMENT OF THE COURT WAS DELIVERED BY THE HONOURABLE THE CHIEF JUSTICE) Heard Mr.K.V.Venkatapathi, learned Senior Counsel appearing with Mr.N.Srinivasan for the appellants. Mr.Raja Kalifulla, learned Government Pleader appears for respondent No.1. Mr.G.Sankaran, learned Special Government Pleader (Education) appears for respondents 2 and 3. Mr.A.N.Thambidurai, learned counsel appears for respondent No.4. Respondents 5 to 55 are joined in this appeal since they were petitioners in the original writ petition. But in the cause title of this appeal, it is stated that respondents 5 to 55 are given up (as parties) in this writ appeal. 2. This writ appeal seeks to challenge the order passed by a learned Single Judge on the petition which was filed by the present appellants along with other students, some of whom are from among these respondents 5 to 55. This writ petition bearing W.P.No.18087 of 2009 sought a direction to respondents 3 and 4 to publish the results of the appellants in B.Ed. Degree Examination held in May 2009. Prior thereto, the institution to which they had taken admission, i.e. respondent No.4 – Annai College of Education, Salem, had filed a writ petition being W.P.No.5974 of 2009 to approve the admission of 55 students to the B.Ed. Degree Course admitted by that institution for the Academic Year 2008-2009 and to permit them to write the B.Ed. Examination. Both these petitions came to be heard together and dismissed by the learned Single Judge by the impugned order, dated 03rd February 2010. 3. The short facts leading to this appeal are this-wise:- The respondent No.4 is an educational institution, which claims to be having the approval for 100 students from the National Council for Teacher Education (NCTE) for the B.Ed. Degree Course. The last date for admission of students to the B.Ed. Degree Course is 31st October of each Academic Year. As far as the Academic Year 2008-2009 is concerned, some 45 students were admitted prior to the date, the https://hcservices.ecourts.gov.in/hcservices/ names were forwarded and there is no dispute about their admission. Subsequently, some further 5 names were sent to the Institution and their names have been cleared and there is not much of the dispute about them. These five students were admitted along with some other 50 students. The case of the other 50 students is that they have paid their fees, they have attended the course and, therefore, they should be allowed to give the examination and their results should be declared. 4. The case of the institution is that it was supposed to grant 50 seats to the candidates sponsored by the Government and the Government did not forward the names of those candidates in time. Although the learned Government Pleader states that those initial 50 students were the candidates sponsored by the Government, the Government had not filed any counter before the learned Single Judge nor the position is clear whether they are the Government sponsored candidates. The fact remains that subsequently the institution forwarded some 50 names additionally and those names were forwarded to the University beyond 31st October 2008. As far as the first batch of 45 students is concerned, the University gave a provisional Eligibility Certificate on 23rd December 2008. As far as the subsequent batch of 50 students is concerned, now those names are supposed to have reached the University only in April 2009, though the institution states that they are sent on 12th November 2008. The case of the institution is that the Government did not forward the names in time. Therefore, it forwarded further names and that is how they were forwarded on 12th November 2008. Subsequently, the Educational Authorities have allotted some schools for training purpose for 100 students on 29th January 2009 and on that basis the institution states that all the 100 students should be permitted to give the examination. There have been interim orders permitting the students to give the examination. Subsequently through the writ petition bearing W.P.No.18087 of 2009, a prayer was made that the results should be declared. Since that relief is declined, this appeal has been filed. 5. Mr.K.V.Venkatapathy, learned Senior Counsel appearing for the students submits that there is no fault on the part of the students. The students are unnecessarily made to suffer. They have paid the fees to the tune of Rs.15,000/- to Rs.20,000/-. The institution is supporting them. The institution states that the institution is also not responsible. It did not get the names of 50 students from the Government. It forwarded the names immediately thereafter. But in any case, there is no letter in the hands of the institution granting any approval to these 50 students. All that it is having is this letter dated 29th January 2009 issued by the Chief Educational Officer, Salem, wherein some students are allotted some schools for the purpose of training. The letter, however, states that this is subject to affiliation with the University. The affiliation for these 50 students is not there on record. The https://hcservices.ecourts.gov.in/hcservices/ institution is not in a position to produce it. The institution did not even care to file a counter before the learned Single Judge. Hence, considering the fact that there is no affiliation for these students from the University, the learned Single Judge has dismissed both the petitions for the relief that these students be admitted and their results be declared. 6. The aforesaid narration shows that even if the submission of the institution is to be accepted that there is some failure on the part of the State Government, the fact remains that the institution did not care to get any affiliation from the University for these 50 students. In the absence of this affiliation, their education would not be considered to be a valid and approved education. Except for some attendance record, which the institution has placed now in the appeal, nothing is placed before us as to what kind of course these students have undergone. 7. In the circumstances, it is not possible for us to find any fault in the order passed by the learned Single Judge who had dismissed both the petitions. The appeal will stand dismissed. Consequently, the connected miscellaneous petition is also dismissed. However, there will be no order as to costs. 8. The learned counsel for the appellants submitted that these students are from rural background and are not having strong economic support. That being so, if they are interested in taking up this course once again in this institution, they should write to the concerned authorities of the State Government and the State Government will forward their names to this institution for the Academic Year 2010-2011. They will not be required to pay any fees. In the event they are not so interested, they will write to the institution concerned on the strength of this order along with the receipt for the fees that they have paid, in which case, the institution will refund their fees. This will be apart from their right to file an appropriate civil as well as criminal proceedings to seek compensation and other reliefs against the institution for the loss of an Academic Year and young days of their life. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar js https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary to Government, Higher Education Department, Secretariat, Chennai-9. 2. The Registrar, Tamil Nadu Teachers' Education University, Lady Willington College campus, Chennai-5. 3. The Registrar, Periyar University, Salem – 11. 4. The Correspondent, Annai College of Education, run by Annai Education & Charitable Trust, Athanurpatti, Valapadi Taluk, Salem District. 1 cc to Mr.N.Srinivasan, Advocate, Sr.No.15427 1 cc to Government Pleader, Sr.No.15561, 15635 2 cc to Mr.G.Sankaran, Advocate, Sr.No.15698 1 cc to Mr.A.N.Thambidurai, Advocate, Sr.No.15705 W.A.No.305 of 2010 and M.P.No.1 of 2010 PUR {CO} TP/18.3.2010. https://hcservices.ecourts.gov.in/hcservices/