1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.03.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH WA(MD)No.293 of 2011 and MP.Nos.1&2of 2011 KVK Educational Development Trust, represented by its Trustee C.Suresh, KVK College of Education, Kallipatti Village, Chettinaickampatti Post, Thandikambu Road, Dindigul-9.:Appellant/Petitioner -Vs- The Registrar, TamilNadu Teacher Education University, Lady Willington College Campus, Kamaraj Salai, Chennai. :Respondent/Respondent PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 28.01.2011 made in W.P.(MD).No.6784 of 2010 on the file of this Court. Under Article 226 of the constitution of India to issue a writ of mandamus directing the respondent to permit the students of petitioner institute admitted under B.Ed., Course for the academic year 2009-2010 to take up the Examination as scheduled by them. For Appellant :M/s.E.V.N.Siva For Respondent :Mr.K.M.Vijayakumar,Special Govt.Pleader JUDGMENT [Judgment of the Court was delivered BY N.PAUL VASANTHAKUMAR, J This Writ Appeal is directed against the order made in W.P.(MD).No.6784 of 2010, dated 28.01.2011. 2.Heard Mr.E.V.N.Siva learned counsel appearing for the petitioner and Mr.K.M.Vijayakumar, learned Special Government Pleader appearing for the respondent and by consent, the writ appeal is taken up for disposal. 3.The writ petition in W.P.No.6784 of 2010 was filed by the appellant praying for issuance of a Writ of Mandamus, directing the respondent to permit the students of petitioner institute admitted under B.Ed., Course for the academic year 2009-2010 to take up examination as scheduled. 4.The learned single Judge of this Court granted interim order permitting the students to sit for the examination by order dated 20.05.2010. However, the results were directed not to be published until further orders. Subsequently, the respondent University withdrew the affiliation granted to the petitioner B.Ed., College by an order dated 19.08.2010 with effect from the academic year 2010-11 on certain grounds The said order of withdrawal of disaffiliation order was challenged by the petitioner in W.P.No.1226 to 2010, which was dismissed. Against which, W.P (MD)No.292 of 2011 is not admitted and pending. https://hcservices.ecourts.gov.in/hcservices/ 2 5.The issue arises in this Writ Appeal is as to whether the students admitted during 2009-10 academic year, who completed their course prior to disaffiliation order was passed with effect from 2010-11, is entitled to get their results or not. 6.It is not in dispute that during the said period 2009-10 the College was affiliated and disaffiliation was ordered only from the academic year 2010-11. The matter in issue regarding the right of the students to get their results during the period when affiliation was in operation was considered by the Supreme Court in the decision in State of U.P Vs. Bhupendra Nath Tripathi reported in (2010 (11) Scale 521). In paragraph No.18, the Supreme Court held as follows: “18.A fair reading and analysis of the scheme of the Act with respect to recognition of the institution imparting course or training in teacher education is an essential prelude to the core questions involved. On a plain reading of the provisions it is evident that on and from the date of enforcement of the Act, every institution offering or intending to offer the course or training in teacher education, was required to make application to the Regional Committee in such form and manner as may be determined by the regulations as provided in Section 14 of the Act. The proviso to Section 14(1) states that an institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to continue such course or training for a period of six months if it has made an application for recognition within the said period and until disposal of the application by the Regional Committee. What happens in case of existing institution makes application seeking recognition within the prescribed time but no decision is taken by the Council within the period of six months? Does it mean that the institution can impart training only for a period of six months and thereafter close the institution? Section 14(5) states that every institution, in respect of which recognition has been refused shall discontinue the course or training in teacher education from the end of the academic session next following the date of receipt of the order refusing recognition passed under clause (b) of sub- section (3).“ In paragraph No.17 taking note of the provisions contained in Section 17(3) of NCTE Act, 1993, which clearly states that once the recognition of a recognized institution is withdrawn under sub-section (1), such institution shall discontinue the course or training in teacher education, and the concerned University or the examining body shall cancel affiliation of the institution with effect from the end of the academic sessions next following the date of communication of the said order. 7.The issue regarding publication of results for the students, who underwent to the course during the period which recognition/affiliation in force was considered by the Supreme Court in the decision reported in (1987) 2 SCC 445 (Suresh Pal v. state of Haryana) . In paragraph 3 the Supreme Court held thus, https://hcservices.ecourts.gov.in/hcservices/ 3 “3.We are of the view that since at the time when the petitioners joined the course, it was recognised by the Government of Haryana and it was on the basis of this recognition that the petitioners joined the course, it would be unjust to tell the petitioners now that though at the time of their joining the course it was recognized, yet they cannot be given the benefit of such recognition and the certificates obtained by them would be futile, because (during the pendency of the course it was derecognized by the State Government on January 9, 1985. We would, therefore, allow the appeal and direct the State Government to recognize the certificates obtained by the petitioners and others similarly situate as a result of completing the certificate course in Shri Hanuman Vayayam Prasarak mandal, Amravati for the purpose of appointment as Physical Training Instructor in government schools in Haryana. Of course, if any person has joined the certificate course after January 9, 1985 he would not be entitled to the benefit of this order and any certificate obtained by him from the said Institute would be of no avail. There will be no order as to costs of the appeal.” The said judgments were followed by one of us (N.PAUL VASANTHAKUMAR, J) in W.P.21411 of 2004 by an order dated 05.02.2007. 8.Applying the principle contained in the said judgments to the facts of this case, particularly, the students underwent the B.Ed., course when the affiliation was in force during 2009-10 and they having been permitted to write the examinations pursuant to the order of this Court, the respondent University is directed to verify the fact as to whether the students admitted are having the qualification for admission and whether they fulfilled the attendance requirements and if both the conditions are satisfied, the respondent University is directed to publish the results of the students, within a period of four weeks from the date of receipt of a copy of this order. 9.The writ appeal is disposed of with the above directions. No costs Consequently, connected miscellaneous petitions are closed. Sd/- Deputy Registrar (LA) / TRUE COPY / Assistant Registrar To: The Registrar, TamilNadu Teacher Education University, Lady Willington College Campus, Kamaraj Salai, Chennai. +1CC to Mr.K.M.Vijayakumar, Advocate. SR.No.11437. MPK JUDGMENT MADE IN WA(MD)No.293 of 2011 RP/22.03.2011/3P/3C. 04.03.2011. https://hcservices.ecourts.gov.in/hcservices/