IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.6.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.Nos.9776 and 9777 of 2011 M.A.Aysha Salima .. Petitioner in WP:9776/2011 A.Deva Irakkam .. Petitioner in WP:9777/2011 Vs 1. The Director Directorate of Teacher Education Research and Training College Road, Chennai – 6. 2. The District Collector Tirunelveli Tirunelveli District. 3. The Principal Diploma in Teacher Training Munanjipatti Tirunelveli, Tirunelveli District. 4. The Correspondent Rukmani Teacher Training Institute Mangalapuram, Thenkasi Taluk Tirunelveli District. .. Respondents PRAYER: Petitions under Article 226 of the Constitution of India for issue of a writ of Certiorarified Mandamus to call for the records and order of the first respondent made in Na.Ka.No.4483/E3/2010, dated 7.7.2010 and quash the same and consequently direct respondents 1, 3 and 4 to permit the petitioners to participate in the examination to be held in June, 2011. For Petitioners : Mr.Edwin Prabhakar for M/s.R.Shiva Kumar For Respondents : Mr.E.Sampath Kumar Special Govt. Pleader for respondents 1 to 3 https://hcservices.ecourts.gov.in/hcservices/ ORDER The petitioners in these writ petitions, who belong to two religions, viz., Islam and Christianity respectively, have married. They have originally joined the First Year D.T.Ed. Course in the fourth respondent institute in the year 2007-2008, which is two years academic course. Admittedly, both of them have written their first year examinations. While going to the second year, because of their marriage there has been some problem in the family and both of them were unable to secure the required attendance for writing the second year examination and they were not permitted. There have been various litigations which I do not propose to go into because the learned counsel for the petitioners would fairly submit that both of them have now decided to re-do the second year course. According to the learned counsel for the petitioners, the fourth respondent institute has no objection to admit the petitioners afresh in the second year course. 2. The fourth respondent having been served and name printed in the cause list has not chosen to enter appearance and none is present on behalf of the fourth respondent in the Court. 3. Mr.E.Sampath Kumar, learned Special Government Pleader would submit that respondents 1 to 3 have no objection for the fourth respondent institute admitting the petitioners in the second year and their re-doing the second year D.T.Ed. course, but his only objection is that the fourth respondent cannot take advantage of such concession to say that they will admit the petitioners over and above the sanctioned strength. If within the sanctioned strength the petitioners are admitted, respondents 1 to 3 have no objection. 4. In such view of the matter, without going into the validity or otherwise of the impugned order, which has become infructuous, these writ petitions are disposed of with a direction against the fourth respondent to admit the petitioners in the second year D.T.Ed. course afresh, subject to the condition that such admission shall be within the sanctioned strength granted to the fourth respondent by the educational authorities. It is made clear that on production of this order, the fourth respondent shall admit the petitioners to re- do the second year course, subject to the above condition. It is made clear that this order is passed under peculiar facts and circumstances of the case, especially taking note of the fact that the petitioners who belong to two different religions have married which has resulted in small disturbance in their life. No costs. Consequently, M.P.No.1 of 2011 in W.P.No.9776 of 2011 and M.P.Nos.1 https://hcservices.ecourts.gov.in/hcservices/ and 2 in W.P.No.9777 of 2011 are closed. Sd/ Asst.Registrar //True Copy// Sub.Asst.Registrar sasi To: 1. The Director Directorate of Teacher Education Research and Training College Road, Chennai – 6. 2. The District Collector Tirunelveli Tirunelveli District. 3. The Principal Diploma in Teacher Training Munanjipatti Tirunelveli, Tirunelveli District. 1 cc to Mr.Edwin Prabhakar, Advocate, Sr.No.38022 W.P.Nos.9776 and 9777 of 2011 vs(co) pmk.8.7.2011 https://hcservices.ecourts.gov.in/hcservices/