IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 03..04..2008 C O R A M The Honourable Mr. A.P. Shah, Chief Justice and The Honourable Mrs. Justice Prabha Sridevan Writ Petition Nos.3173, 3295, 3599, 3791, 3808, 3852, 3893, 3894, 3896, 4064, 4148, 5633 of 2008 WP No.3173/2008 Theivika Thirumagan Pasumpon Thevar Teacher Training Institute rep. by its Correspondent S.Palaniappan 3/181,Palakalai Nagar, Madurai, Madurai District. ..Petitioner in WP 3173/2008 WP 3295/2008 Theivka Thirumagan Pasunpon Thevar Teacher Training Institute, rep. by its Correspondent S.Palaniappan Muthukulathur Main Road, Kottaimedu, Kamuthi Ramanadapuram District. .. Petitioner in WP 3295/2008 -vs- 1.The Director D.T.E.R.T. O/o.Director of Public Instruction College Road, Chennai-6. 2.The Director, Directorate Government Examination, D.P.I.Campus, College Road, Chennai-6. ..Respondents in 3173/2008, 3295/08. WP No.3599/2008 St.Xavier's Teacher Training Institute, rep. by its Correspondent, Mrs. P.Annamary, Venkatakulam & Post, Alangudi Tk., Pudukottai District -622303 ..Petitioner https://hcservices.ecourts.gov.in/hcservices/ -vs- 1.The Director of Teacher Education, Research & Training, D.P.I.Campus,College Road, Chennai-600 006. 2.The Principal, District Institute of Education & Training, Pudukottai & District. 3.The Director of Government Examinations, D.P.I.Campus, College Road, Chennai 600 006. ..Respondents WP.No.3791/2008 : Christian Teacher Training Institute for Women, Administrate by Christian Dharma Stapana Sangam, rep. by its Correspondent Titus K.Admn, Office : 6/541, 1st Main Road, Lakshmi Nagar, Pozhichallur, Chennai - 74. ..Petitioner vs 1. The Director of Teacher Education, Research and Training, College Road, Chennai - 6. 2. The Director of Government Examinations, College Road, Chennai - 06. ..Respondents WP 3808 of 2008 : Christian Teacher Training Institute for women Administrated by Christhava Dharma Stapana Sangam rep. by its Correspondent Titus K.Admn.Office 6/541, 1st Main Road,Lakshmi Nagar, Pazhichallur, Chennai -600 074. ..Petitioner -vs- 1. The Director of Teacher Education Research and Training College road, Chennai-6 https://hcservices.ecourts.gov.in/hcservices/ 2. The Director of Government Examinations College Road, Chennai-6 ... Respondents W.P. 3852/2008 Luise James Teacher Training Institute Mananvilai Kappiyarai P.O Kanyakumri District- 629 156 Tamilnadu Rep by Correspondent Dr. J. Prem Kumar ... Petitioner Vs 1. The Director of Teacher Education REsearch and Training (DTERT) College Road, Chennai-6. 2. The Principal District Institute for Education and Training Theroor, Kanyakumari District. 3. The District of Government Examinations DPI Campus, College Road, Chennai ... Respondents W.P.No.3893/2008 Jayanthi Teacher Training Institute Rep by its Correspondent Dsnyjols;,rfi, P.K. Pudur Post Guruvareddiyar, Bhavani TK Erode District ... Petitioner VS 1. The Director of Teacher Education Research and Training DPI Compound, Nungambakkam, Chennai. 2. The Director Directorate Government Examination DPI Campus, College road Chennai-6. ... Respondents https://hcservices.ecourts.gov.in/hcservices/ W.P.3894/08 K.S. Techer Training Institute Rep by its Correspondent Mr.M. Munusamy Kavanthapadi Erode District ... Petitioner VS 1. The Director D.T.E.R.T O/o.Director of Public Instruction College Road, Chennai-6. 2. The Director Directorate Government Examination D.P.I. Campus, College Road Chennai-6 ... Respondents WP.No.3896/2008 : Concord Teacher Training Institute, rep. by its Chairman, P.R.Lydia Devikumari, Avanthanpatti Village, Krishnagiri District. ..Petitioner vs 1. The Director, D.T.E.R.T, O/o. Director of Public Instruction, College Road, Chennai - 6. 2. The Director, Directorate Government Examinations, D.P.I. Campus, College Road, Chennai - 6. ..Respondents WP.No.4064/2008 : Jaisai Teacher Training Institute, rep. by its Correspondent Mr.A.Ganesah, 15/1, Venus Nagar, Airport Post, Trichy-7. ..Petitioner vs https://hcservices.ecourts.gov.in/hcservices/ 1. The Director, D.T.E.R.T, O/o. Director of Public Instruction, College Road, Chennai - 6. 2. The Director, Directorate Government Examinations, D.P.I. Campus, College Road, Chennai - 6. ..Respondents WP.No.4148/2008 : Sri Jayaram Girls Teacher Training Institute, rep. by V.P.Perumal Reddiyar Charitable Trust, 41-A, Sannathi Street, Vilathikulam, Tuticorin District - 628907, rep. by its Correspondent, Mr.V.P.Jayaraj. ..Petitioner vs 1. The Director of Teacher Education, Research and Training, College Road, Chennai - 6. 2. The Director of Government Examinations, College Road, Chennai - 6. 3. The Principal, District Institute of Education and Training, Vanaramutti, Tuticorin District. ..Respondents. WP.No.5633/2008 : Luise James Teacher Training Institute, Mananvilai, Kappiyarai P.O., Kanyakumari District - 629156. Tamil Nadu, rep. by its Correspondent Dr.J. Prem Kumar. ..Petitioners vs 1. The Director of Teacher Education Research and Training (DTERT) College Road, Chennai - 6. https://hcservices.ecourts.gov.in/hcservices/ 2. The Principal, District Institute for Education and Training, Kanyakumari District. 3. The National Council for Teacher Education, Southern Regional Committee, CSD Building, HMT Post, Bangalore - 560031. ..Respondents Prayer : Writ Petitions under Article 226 of the Constitution of India for the reliefs as stated within. W.P.3173/08: Writ of Certiorarified Mandamus calling for the records relating to order of the in Na.Ka.No.5589/E1/E/2007 the 1st respondent dated 13.12.07 and quash the same consequently directing the 2nd respondent to permit the students admitted in the petitioner institution for the academic year 2006-2007 to take up their 1st year Exams as scheduled by the respondents. W.P.3295/08 Writ of Certiorarified Mandamus calling for the records relating to order of Ist respondent vide Na.Ka.No.3783/E1/E/2007 dated 23.11.07 and quash the same consequently directing the 2nd respondent to permit the students admitted in the petitioner institution for the academic year 2006-2007 to take up their 1st year Exams as scheduled by the respondents and pass such further or other Respondents. W.P.3599/2008: Writ of Certiorarified Mandamus calling for records in respect of the impugned order issued by the 1st respondent vide his proceedings Na.Ka.No.4517/E-1/2007 dated 27.9.2007 and quash the same and direct the 1st respondent to grant approval to the staff list of the petitioner institute for the additional intake as forwarded by the 2nd respondent vide his proceedings dated 20.11.2006 and also taking into consideration of the replacement list of two staff members as submitted by the petitioner vide letter dated 19.10.2007 WP No. 3791/2008 Writ of Mandamus directing the 2nd respondent to hold the supplementary examination for the 2nd year D.T.Ed Course for the Students who have got admitted in the D.T.Ed Course for the academic year 2005-2006 in the petitioner institution and permit the students to https://hcservices.ecourts.gov.in/hcservices/ write the said examination and issue the D.T.Ed Certificates for the Candidates who have passed the examinations. W.P.No.3808/2008: Writ of Mandamus directing the 1st respondent to consider the representation dated 26.09.2007 made by the petitioner for staff approval and accord staff approval to faculty members who are imparting D.T.Ed. course in the petitioner institution. W.P.No.3852/2008: Writ of Mandamus directing the respondents to permit the 47 students admitted by the petitioner institution in the additional in take for the academic year 2006-2007 namely : (1)A. Selva Rani (2)S. Aji, (3)M. Vanitha (4)A. Kalaiarasi (5)G. Merlin Vinisha, (6)D. Merlin Sheeba (7)T. Arockia Selvi (8)P. Sangeetha (9)R. Nagapriya (10)G. Ajitha (11)S. Amutha (12)V. Usha (13)V. Sumathi (14)Laly S. Soniya (15)S. Jesima (16)S. Jeen Prabha (17)C. Selvendran (18)M. Selva Rani (19)M. Arumugam (20)K. Anandha kumar (21)R. Meegal Roobavathi (22)K. Muthukrishnan (23)T. Anandha Pandian (24)Y. Mary Vijila (25)P. Kavitha (26)D. Mabel Florance (27)S. Seeja (28)T. Pushpa Latha (29)F. Sheiry Fathima (30)L. Mary jothe (31)A. Charles Kumar (32)A. Mary Subitha (33)P. Latha https://hcservices.ecourts.gov.in/hcservices/ (34)P. Mary Lizzy (35)M. R. Radika (36)T. Seetha (37)R. Amuthu (38)T. Radha (39)J. R. Gadlin Jewel (40)A. Uma Maheswari (41)G. Viji (42)J. Shakila (43)G. Rajesh (44)M. Nishamaline (45)M. Rajaram (46)G. Ashok kumar and (47) M. Karpagavalli to writ their forthcoming 1st year examination to be held from 18th to 20th February or any other subsequent date for the academic year 2006-2007 WP.No.3893 of 2008 Writ of mandamus directing the respondents to permit the additional in take students admitted in the petitioner institution for the academic year 2006-2007 to take up their 1st year exams as scheduled by the respondents. WP.No.3894/2008 Writ of mandamus directing the respondents to permit the students admitted in the petitioner institution for the academic year 2006-2007 to take up their 1st year exams as scheduled by the respondents. WP.No.3896/2008 Writ of mandamus directing the respondents to permit the students admitted in the petitioner institution for the academic year 2006-2007 to take up their 1st year exams as scheduled by the respondents. WP No.4064 of 2008 Writ of Mandamus Directing the respondents to permit the students admitted in the petitioner institution for the academic year 2006-2007 to take up their 1st year exams as scheduled by the respondents. WP No.4148 of 2008 Writ of Mandamus directing the first respondent to approve the staff list of a Principal and 5 Lecturers, submitted by the petitioner institute on 09.03.2007 and consequently approve the admission of 50 students at D.T.Ed. Course made by the petitioner institute for the https://hcservices.ecourts.gov.in/hcservices/ academic year 2006-2007 so as to enable them to sit for first and second year examination. WP No.5633 of 2008 : Writ of Mandamus to call for the entire records pertaining to order passed by the 1st respondent in Na.Ka.No.13907/E1/2007 dated 13/2/2008 and quash the same as illegal and consequently direct the respondents to grant staff approval to the petitioner institution viz. Luise Jame Teacher Training Institute from the acadamic Year 2006-2007 for additional intake. For State : Mr. N Kannadasan, Addl. Advocate General, Assisted by Mr. G. Sankaran, Spl. Govt. Pleader (Education). For N.C.T.E. : Mr. K. Ramakrishna Reddy, Senior Standing Counsel, Assisted by Mr. P.R. Gopinath. For T.T.Is. : Mr. N.R. Chandran, Senior Counsel for Mr. R. Suresh Kumar Mr. K.M. Vijayan, Senior Counsel for Mr. E. Vijay Anand Mr. C. Selvaraju, Senior Counsel for Mr. N.M. Hidayathullah Khan Mr. R. Muthukumarasamy, Senior Counsel for Mr. V. Anantha Natarajan and for Mr. K.G. Senthil Kumar Mr. V. Sudhakar Mr. V. Selvaraj Senior Counsel for M/s. C.Robert Bruce & S.Bharathi Rajan Mr. N. Muralikumaran Mr. B. Rabu Manohar J U D G M E N T Prabha Sridevan, J. In view of our decision in Writ Appeal Nos.137 of 2008 etc. batch where we have held that the staff list submitted by the respective TTIs shall be considered in accordance with the NCTE Regulations and the cut- off dates and appropriate orders hall be passed, the following order is passed. https://hcservices.ecourts.gov.in/hcservices/ We have grouped the writ petitions filed by the TTIs under two groups. Under the first group, where the rejection of the staff list is unsustainable, we have allowed the writ petitions and therefore, the results of the students can be declared. Under the second group, we have directed the respondents to consider and pass orders on the staff list submitted by the petitioner- institutes and if the staff list is accepted, then the admission of the students in the respective institutes and the examinations written by them will also be in accordance with the rules and the results of the students shall, therefore, be declared. The third group is one where there is grievous error in the staff list submitted by the individual petitioner-institutes and the writ petitions will be dismissed. However, it would be open to the respondents to consider the submission of the staff list by the petitioners for the next academic year, i.e. 2008-2009. W.P. No.3808 of 2008 : In this case, the petitioner had specifically requested that its case be considered in accordance with Appendix-II of the NCTE Regulations. One of the lecturers whose name was included in the staff list submitted by the petitioner had been replaced. Hence, the staff list was not complete when it was submitted to the respondents. The writ petition is, therefore, disposed of, directing the respondents to consider the representation of the petitioner for the year 2008-2009 and pass appropriate orders. Consequently, M.P. No.1 of 2008 is closed. W.P. No.3893 of 2008 : This writ petition stands closed in view of the fact that for the same academic year, in W.P. No.2099 of 2008, orders have been passed on 6.2.2008 with a direction to the respondents to consider afresh the staff list submitted by the petitioner. Consequently, M.P. No.1 of 2008 is closed. W.P. No.3894 of 2008 : It is seen that the two lecturers in question were appointed before the cut-off date and relieving orders have also been issued and therefore, we are not inclined to uphold the rejection which is purely technical. The writ petition is allowed as prayed for. Consequently, M.P. No.1 of 2008 is closed. W.P. No.3896 of 2008 : In this case, already an order has been passed in favour of the petitioner in W.P. No.112 of 2008 with regard to the same defect. Therefore, the writ petition is disposed of, directing the respondents to consider the staff list submitted by the petitioner and pass appropriate orders within four weeks and depending on the outcome, the results of the students will be declared. Consequently, M.P. No.1 of 2008 is closed. https://hcservices.ecourts.gov.in/hcservices/ W.P. No.4064 of 2008 : In this case also, the respondents were directed to approve the staff list by order dated 5.2.2008. Depending on the decision taken by the respondents, the results of the students in respect of this petitioner-institute will be declared. The writ petition is accordingly closed. Consequently, M.P. No.1 of 2008 is also closed. W.P. No.3173 of 2008 : In this case, it is evident that the present teachers in the staff list were appointed long after the cut-off date. The writ petition is, therefore, dismissed. The staff list submitted by the petitioner may be considered for the next year. Consequently, M.P. Nos.2 and 3 of 2008 are closed. W.P. No.3599 of 2008 : In this case, the petitioner-institute has submitted a staff list containing more number of teachers than required for the intake at present as per the present Regulations. One of the reasons for rejection is that the experience certificate of one Sekar was found to be not genuine. Even if this name is excluded, the number of lecturers satisfies the NCTE Regulations and an undertaking is given on behalf of the petitioner that Sekar will not be appointed. The writ petition is disposed of, subject to the undertaking given by the petitioner, and the staff list submitted by the petitioner shall be considered and orders passed, and if the orders are in favour of the petitioner, the results of the students will be declared. Consequently, M.P. No.2 of 2008 is closed. W.P. No.4148 of 2008 : In this case, in consideration of the records produced in the typed set of papers, the respondents shall treat the list submitted as one submitted within time. A personal hearing shall be given to the petitioner and thereafter, orders will be passed, subject to which the results of the students will be declared. The writ petition stands disposed of accordingly. Consequently, M.P. No.1 of 2008 is closed. W.P. No.3295 of 2008 : In this case, it is evident that the lecturers whose names find place in the present staff list have been appointed beyond the cut-off date. Therefore, the writ petition is dismissed. Their case for inclusion in the present academic year cannot be closed, but it may be considered in the next academic year. Consequently, M.P. Nos.2 and 3 of 2008 are closed. W.P. No.3791 of 2008 : In this case, admittedly, the recognition granted by the NCTE was only on 25.9.2007, i.e. after the cut-off date of 20.6.2006, for the academic year 2007-2008. In these circumstances, the writ petition is disposed of, directing the respondents to consider it for the subsequent academic year. Consequently, M.P. No.2 of 2008 is closed. https://hcservices.ecourts.gov.in/hcservices/ W.P. No.3852 of 2008 : In this case, the petitioner requests that its case may be considered in accordance with Appendix-II Regulations of the year 2007 alone. The writ petition is disposed of, directing the respondents to consider the petitioner's staff list in accordance with Appendix-II and pass appropriate orders. W.P. No.5633 of 2008 : In view of the orders passed in W.P. No.3852 of 2008, no orders are required in this writ petition and the writ petition stands accordingly closed. Consequently, M.P. No.1 of 2008 is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ab To 1. The Director, D.T.E.R.T, O/o. Director of Public Instrution, College Road, Chennai - 06 2. The Director, Directorate Government Examination, D.P.I, Campus, College Road, Chennai -06. 3. The Principal, District Institute of Education & Training, Pudukotai & District. 4. The National Coucil for Teacher Education, Sothern Regional Committee, CSD Building, HMT Post, Bangalore - 560031. 5. The Principal, District Institute & Research Training, Theroor, Kanyakumari District, https://hcservices.ecourts.gov.in/hcservices/ 6. The Principal, District Institute of Education & Training, Vanaranulli, Tuticorin District. 1 cc To Mr.R.Sureshkumar & V.Balaji, Advocate, SR.18999. 1 cc To Mr.K.Ramakrishna Reddy, Advocate, SR.19054. 1 cc To Mr.C.Robert Bruce, Advocate, SR.19171. 4 cc To Mr.E.Vijayanand, Advocate, SR.19194, 19192, 19193, 19195. 1 cc To Mr.M.Hidayathullah Khan, Advocate, SR.19452. W.Ps.3173, 3295, 3599, 3791, 3808, 3852, 3893, 3894, 3896, 4064, 4148 and 5633 of 2008 SJ(CO) TYPED AND COMPARED BY KM, KK, GKG, SR, JJM, RVL 12.06.2008 https://hcservices.ecourts.gov.in/hcservices/