IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-12-2006 CORAM THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN WRIT PETITION Nos.46403, 27148 and 47860 of 2006 And M.P.Nos.1, 2 to 4 and 2 of 2006 Evva Memorial Teacher Training Institute, rep., by its Correspondent S.Jayaparvathy, No.9/67, Vanjipuram, Kaniyur Post, Madathukulam, Udumalpet Taluk, Coimbatore District. .. Petitioner in WPs.46403 and 27148/2006 1.G.Siva 2.D.Annakkodi 3.R.Baggiyalakshmi 4.A.Banupriya 5.V.Barani Chithra 6.M.Damayanthi 7.P.Deepa Rani 8.M.Dhivya 9.S.Esther 10.K.Geetha 11.R.Gokula Soundarya 12.S.Gunavathi 13.A.Hemalatha 14.N.Indirani 15.T.Karthika 16.J.Nandhini 17.K.Rajalakshmi 18.N.Rajalakshmi 19.S.Saranya 20.M.Sathiya Bama 21.S.Sumathi 22.D.Surya Prabha 23.A.Thilagavathi 24.M.Uma Devi 25.A.Yogamangalam 26.M.Arunkumar 27.B.Arunkumar 28.K.Chidambaram 29.S.Dinesh 30.P.Gnanasambantham 31.A.Jayaprathap 32.M.Jothi Rajalingam 33.D.Kanakaraj 34.M.Kannimuthu https://hcservices.ecourts.gov.in/hcservices/ 35.N.Karunakaran 36.M.Karuppusam 37.K.Magudeeswaran 38.C.Manikandan 39.S.Muthuirulappan 40.P.Muthuraj 41.P.Sathiyaraj 42.S.Senthilkumar 43.S.Sivakumar 44.S.Sivanandan 45.B.Suresh 46.B.Tamilanban 47.N.Vasudevan 48.M.Anandaraj .. Petitioners in WP 47860/2006 Vs. WP No.46403/2006: 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, Thirumurthy Nagar, Coimbatore. .. Respondents WP No.27148/2006: 1.The Regional Director, National Council for Teacher Education, HMT Post, Jalhalli, Bangalore-560 131. 2.The Director of Teacher Education, Research and Training, College Road, Chennai-6. 3.The Principal, The District Institute of Education and Training, Thirumurthy Nagar, Coimbatore. .. Respondents https://hcservices.ecourts.gov.in/hcservices/ WP No.47860/2006: 1.The Regional Director, National Council for Teacher Education, HMT Post, Jalhalli, Bangalore-560 131. 2.The Director of Teacher Education, Research and Training, College Road, Chennai-6. 3.The Director of Government Examinations, College Road, Chennai-6. 4.Evva Memorial Teacher Training Institute, Thippampatti P.O., Pollachi-642 107. .. Respondents WP No.46403/2006: Writ petition filed under Article 226 of Constitution of India praying for issue of a Writ of Mandamus, directing the first respondent to approve the students list submitted by the petitioner's Teacher Training Institute for the academic year 2005-2006 and further direct the respondents to permit those students of the petitioners institute to sit for the examinations in the first year Diploma in Teacher Education to be held in December 2006 or on subsequent dates. WP No.27148/2006: Writ petition filed under Article 226 of Constitution of India praying for issue of a Writ of Certiorari, calling for the records of the second respondent in Rc.No.1008/C1/2006 dated 9.8.2006 and quash the same. WP No.47860 of 2006: Writ petition filed under Article 226 of Constitution of India praying for issue of a Writ of Mandamus, directing the third respondent to issue necessary hall tickets and permit the petitioners who have under gone their first year course in D.T.Ed., for the academic year 2005-2006 to appear in the examinations to be conducted from 18.12.2006 and on subsequent dates and consequently publish their results thereunder. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner in WPs.46403 and 27148/2006 : Mr.R.Muthukumarasamy, Senior Counsel for Mr.S.Kamadevan For Petitioner in WP 47860/2006 : Mr.B.Rabumanohar For Respondents-1to3 in WP 46403/2006 and R.2 and R.3 in WPs.27148/2006 and 47860/2006 : Mr.Pa.Kadhirvel, Government Advocate (Education) For Respondent-1 in WPs.27148 and 47860/2006 : Mr.S.Udayakumar, Standing Counsel for NCTE. For Respondent-4 in WP 47860/2006 : Mr.R.Muthukumarasamy, Senior Counsel for Mr.S.Kamadevan For Proposed Party in WP 27148/2006 : Mr.K.Sridhar COMMON ORDER These three writ petitions arise out of the same conspectus of facts and hence they are disposed of by a common order. 2. An institution by name “Evva Memorial Education Trust” was said to have been registered under the Tamil Nadu Societies Registration Act way back in the year 1992 and the said Trust started a Teacher Training Institute by name “Evva Memorial Teacher Training Institute” and obtained recognition from the State Government in August 1992. However, the said Teacher Training Institute got derecognised in pursuance of the order of the Division Bench of this Court, along with hundreds of similarly placed institutes. 3. After the enactment of NCTE Act, “Evva Memorial Teacher Training Institute” having Office at Sathya Nagar, Madathukulam, Udumalpet Taluk, Coimbatore District, obtained a No Objection Certificate from the State Government, vide their letter No.29860/ U1/ 2004-1 dated 13.9.2004, for applying for recognition to NCTE for starting a two year Diploma in Teacher Education Course. Condition No.6 contained in the said No Objection Certificate dated 13.9.2004 prescribed that the institution will https://hcservices.ecourts.gov.in/hcservices/ be permanently located at Thungavai Village and that the NOC was granted on the basis of land measuring 5 acres shown at Survey Nos.351/1 and 351/B Udumalpet Taluk. Condition No.9 of the NOC permitted the institution to run temporarily in a rented building and stipulated that the institute should be shifted to its own building in own land within three years of grant of recognition by NCTE. 4. In the meantime, since the application of the institute was not processed by NCTE, the petitioner claims to have obtained an order dated 4.8.2004 from this Court directing the NCTE to consider the application and pass orders. 5. Even while NCTE was processing the application for recognition, the institute entered into an unregistered lease agreement dated 29.11.2004 with one K.Ravi, for taking a portion of the building owned by him at Thippampatti, where the said K.Ravi was already running a school. 6. By an order dated 27.1.2005, NCTE granted recognition to the institute for offering a two year Elementary Teacher Training Course from the academic session 2004-2005. Interestingly, the recognition was granted to and in favour of “Evva Memorial Teacher Training Institute, Vanjipuram, Kaniyur, Coimbatore District” and was communicated to the institute, to its Thippampatti address, where the building of K.Ravi was taken on lease on 29.11.2004. 7. Paragraph-2 of the recognition order dated 27.1.2005 issued by the NCTE, reflected that the Southern Regional Committee had taken note of the fact that the institute had acquired land for setting up the institution and that the institution should have a permanent building constructed within three years on the acquired land. 8. After the grant of recognition by NCTE, the Correspondent and other representatives of the institute, entered into an unregistered Memorandum of Agreement dated 12.4.2005 with the aforesaid K.Ravi. Under the said Memorandum of Agreement, the Correspondent and other promoters of “Evva Memorial Teacher Training Institute” received one cheque for Rs.9 lakhs from K.Ravi and the cheque was encashed. They also received two post dated cheques, each for Rs.3 lakhs, from K.Ravi, totalling to a sum of Rs.15 lakhs. 9. Under the said agreement, the promoters agreed to transfer the recognition obtained from NCTE and the NOC obtained from the State Government, to the said K.Ravi. It was also stipulated in the said agreement that from the date of the agreement, K.Ravi was entitled to run the institution at Sathya Nagar, Madathukulam, in the own building of the Trust and that K.Ravi could shift the same at a future date. The promoters of the institute agreed to cooperate with K.Ravi in the matter of complying with all formalities such as change of name etc. It was also stipulated in the agreement that the authority given to K.Ravi to run the institute under the agreement, would get cancelled if the post dated cheques bounced. https://hcservices.ecourts.gov.in/hcservices/ 10. K.Ravi did not honour one of those post dated cheques on the ground that the promoters did not come forward to sign necessary applications for effecting a transfer of the institution. Therefore, the promoters of the institute started claiming that the authority given to K.Ravi to run the institution, got cancelled by virtue of the conditions stipulated in the agreement. 11. In the cross fire between these two parties, the students who were admitted to the Diploma Course, got caught and the results of the examination taken by them was not declared. Therefore, 48 students joined together and filed a writ petition in W.P.No.18980 of 2006, praying for a direction to publish the results of the examination. In the said writ petition, both the parties got impleaded as the owners of the institute and by an order dated 25.7.2006, the said writ petition was disposed of, directing the official respondents to declare the results. In the said order, the learned Judge made two observations, which are of significance. In para-2, the learned Judge recorded a statement from the counsel appearing for K.Ravi that though transfer has not been effected, due to the failure of the promoters to sign, K.Ravi was in possession of the institute. The learned Judge further observed that the dispute relating to the transfer of the institute was not decided. 12. In the meantime, the promoters of the institute applied to the Director of Teacher Education Research and Training for permission to shift the institute to Annai Sathya Nagar, Madathukulam, Udumalpet. But they were directed to get approval for the shift, from the NCTE. Claiming that they had sent a letter to NCTE on 29.10.2005, the promoters filed a writ petition in W.P.No.25244 of 2006, seeking a direction to the NCTE as well as the Director of Teacher Education Research and Training, for approval of the shifting of the institute. In the said writ petition, it was contended on behalf of NCTE that for the change of the premises, prior approval was necessary and that an application accompanied by a demand draft for Rs.40,000/- should be made to the Southern Regional Committee of NCTE. Therefore, the writ petition was disposed of by an order dated 10.8.2006, permitting the promoters of the institute to apply to NCTE in the prescribed format along with the necessary documents and directing NCTE to inspect the premises and pass appropriate orders in accordance with law. 13. Accordingly, the promoters of the institute submitted an application to NCTE on 14.8.2006 along with a demand draft for Rs.40,000/-. 14. In the meantime, Director of Teacher Education Research and Training passed an order dated 9.8.2006, directing the promoters of the institute not to admit students for the academic year 2006-2007, until the rival parties who stake their claim for ownership of the institute, lawfully resolve their dispute and come out clean. Challenging the said order dated 9.8.2006, the promoters filed W.P.No.27148 of 2006. The said writ petition was admitted on 22.8.2006. While admitting the writ petition, two interim orders were passed, one in M.P.No.2 of 2006 granting interim stay of the order dated 9.8.2006 of Director of Teacher Education https://hcservices.ecourts.gov.in/hcservices/ Research and Training and another in M.P.No.1 of 2006, directing the NCTE to inspect the premises of the institution at Annai Sathya Nagar, Madathukulam and pass orders within three weeks on their application for shifting of location. In the said writ petition W.P.No.27148 of 2006, the agreement holder K.Ravi filed M.P.Nos.3 and 4 of 2006, for impleading as well as for vacating the interim orders. However, the NCTE has already inspected the premises at Annai Sathya Nagar, Madathukulam on 11.10.2006 and orders awaited. 15. In the meantime, the promoters had sent a list of students admitted by them, on 19.1.2006 to Director of Teacher Education Research and Training for approval and the same was not processed. Therefore, the promoters of the institute filed W.P.No.46403 of 2006 for a Writ of Mandamus, directing the Director of Teacher Education Research and Training to approve the students list submitted by them for the academic year 2005-2006 and to permit them to sit for the examinations scheduled to commence from 18.12.2006. 16. 48 students under going the Diploma Course in the rented premises belonging to K.Ravi, have filed W.P.No.47860 of 2006 for a Writ of Mandamus, directing the Director of Government Examinations to issue hall tickets to appear for the examination scheduled to commence from 18.12.2006. 17. Thus, the above three petitions W.P.Nos.27148, 46403 and 47860 of 2006 have come up for hearing. While the earliest writ petition W.P.No.27148 of 2006 is by the promoters of the institute challenging the order of the Director of Teacher Education Research and Training dated 9.8.2006 prohibiting the INSTITUTION from admitting students for the year 2006-2007, the second writ petition W.P.No.46403 of 2006 is also by the promoters for approval of the list of students admitted by them for the year 2005-2006. The third writ petition is by the students undergoing the course in the rented premises belonging to K.Ravi. 18.I have heard Mr.R.Muthukumarasamy, learned Senior Counsel appearing for the promoters of the institute who are the writ petitioners in W.P.Nos.27148 and 46403 of 2006, Mr.M.Sekar, learned Special Government Pleader (Education) appearing for the State Government and its officials, Mr.S.Udayakumar, learned Standing Counsel for the NCTE, Mr.K.Sridhar, learned Counsel for the Agreement holder K.Ravi who seeks to get impleaded in W.P.No.27148 of 2006 and Mr.B.Rabu Manohar, learned Counsel appearing for the students undergoing the course in the premises of K.Ravi and who are the petitioners in W.P.No.47860 of 2006. 19. In the factual matrix detailed in paragraphs-1 to 17 above, the questions that arise for consideration are as follows:- (a) Whether the order dated 9.8.2006 issued by the Director of Teacher Education Research and Training, directing the promoters of the institute not to admit any students for the academic year 2006- 2007 is valid or not? https://hcservices.ecourts.gov.in/hcservices/ (b) Whether the students admitted by the promoters as well as the agreement holder K.Ravi are entitled for approval of their admission? Question No.(a):- 20. Admittedly, Evva Memorial Educational Trust, registered under The Tamil Nadu Societies Registration Act, applied for recognition to NCTE on 30.12.2002 and obtained an order from this Court on 4.8.2004 to consider their application, to start an institute by name “Evva Memorial Teacher Training Institute”. They also obtained a No Objection Certificate from the Government of Tamil Nadu on 13.9.2004. At that time, the said Trust was the Educational Agency and the institute took the property of K.Ravi at Thippampatti on lease on 29.11.2004. 21. The recognition order issued by NCTE was actually issued in the name of the institute with the following address viz., Evva Memorial Teacher Training Institute, Vanjipuram, Kaniyur-642 203, Coimbatore District, Tamil Nadu. However, it was addressed to “The Correspondent, Evva Memorial Teacher Training Institute, Sri Chintamani Memorial Matric Higher Secondary School, Udumalai-Pollachi Highways, Thippam Patti, Coimbatore District, Tamilnadu”. 22. Within three months of the grant of recognition, a Memorandum of Agreement was entered into between the promoters and K.Ravi, on 12.4.2005. The Memorandum of Agreement reads as follows:- @epWtd cld;gof;if Mtzk; 2005 Mk; Mz;L Vg;uy; khjk; 12Mk; njjpf;F jkpH; jhuz tUlk; g';Fdp khjk; 30Mk; njjp nfhaKj;Jhh; khtl;lk.; cLkiyg;ngl;il tl;lk;. fzpa{h; m";ry;. t";rpg[uk.; 9/67 be. ,y;yj;jpy; trpj;J tUk; nyl; j';fntYgps;is mth;fs; FkhuUk;/ (Evva Memorial Teacher Training Institute) <th epidt[ Mrphpah; gapw;rp epWtdj;jpd; epWtdUkhd j/ghyRg;gpukzpad; ? 1 Tp tpyhrj;jpy; trpj;JtUk; Tp/ ghyRg;gpukzpad; mth;fs; kidtpa[k; Tp (Evva Memorial Teacher Training Institute) <th epidt[ Mrphpah; gapw;rp epWtdj;jpd; , af;FdUkhd R./b$aghh;tjp?2. nfhaKj;Jhh; khtl;lk;. cLkiyg;ngl;il tl;lk;. fzpa{h; m";ry;. t";rpg[uk;. 9- 67 be.,y;yj;jpy; trpj;J tUk; T.ghyRg;gpukzpad; mth;fs; FkhuUk; (Evva Memorial Teacher Training Institute) <th epidt[ Mrphpah; gapw;rp epWtdj;jpd; jiytUkhd B.nfhgp ? 3. Tp tpyhrj;jpy; trpj;J tUk; T.ghyRg;gpukzpad; mth;fs; FkhuUk; Tp (Evva Memorial Teacher Training Institute) <th epidt[ Mrphpah; gapw;rp epWtdj;jpd; brayhsUkhd B.ee;jFkhh;?4/ https://hcservices.ecourts.gov.in/hcservices/ nfhaKj;J[hh; khtl;lk;. cLkiyg;ngl;il tl;lk;. cLkiyg;ngl;il efuhl;rp mDrk; efh;. 59 be.,y;yj;jpy; trpj;J tUk; mkuh; FHe;ijntY mth;fs; FkhuUk;/ bghs;shl;rp tl;lk; jpg;gk;gl;o/ _ rpe;jhkzp epidt[ bkl;hpf; nky;epiyg;gs;sp jhshsUkhd K.utp ? 5 Mfpa ehk; Ie;JngUk; nrh;e;J vGjp itj;Jf;bfhz;l epWtd cld;gof;if Mtzk; vd;dbtd;why;. ek;kspy; 1.2.3.4 yf;fkpl;lth;fSf;F (Evva Memorial Teacher Training Institute) <th epidt[ Mrphpah; gapw;rp epWtdj;jpd; jkpH;tHp mjhtJ T.N.Govt NOC No.29860/U1/2004-1 Dt.13.9.2004 kw;Wk; NCTE/2004 – 005 code APSO 1103 Dt.27.1.2005d;go m';fpfhuk; bgwg;gl;Ls;s ,ilepiy Mrpupah; gl;la tFg;g[ jkpH; tHp kl;Lk; cs;s fy;tp epWtdj;ij elj;jpf;bfhs;s bgwg;gl;Ls;s m';fpfhuj;ij ek;kspy; 5 yf;fkpl;lth; jd; bgahpnyh my;yJ jhd; rhh;e;j mwf;fl;lisapd; bgahpnyh bgw;W elj;jpf; bfhs;s 5 yf;fkpl;lth; 1.2.3.4 yf;fkpl;lth;fSf;F brd;id. mz;zhefh;. fhh;g;gnuc&d; t';fpapd; fhnrhiy vz;/377764 ehs; 12/04/2005d; go Ugha;/9.00.000-= (xd;gJ ,yl;rk;)Kk;. gpd;Dk; Tp brd;id. mz;zhefh; fhh;g;gnuc&d; t';fpapd; fhnrhiy vz[; 377765. ehs; 10/09/2005d;go Ugha; 3.00.000-?(Kd;W ,yl;rk;)Kk;. gpd;Dk; Tp brd;id. mz;zhefh; fhh;g;gnuc&d; t';fpapd; fhnrhiy vz[; 377766. ehs; 10/09/2005d;go Ugha; 3.00.000-?(Kd;W ,yl;rk;)Kk;. 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Ve;jtpjkhd tpy;y';f tptfhu';fSf;Fk; cl;gLj;jf;TlhJ vd;Wk;. https://hcservices.ecourts.gov.in/hcservices/ ,e;jf; fy;tp Mz;oy; kl;Lk; Tp 5 yf;fkpl;lth; ek;kspy; 1.2.3.4 yf;fkpl;lth;fs; nfhUk; egh;fSf;F ,ilepiy Mrphpah; gl;la tFg;gpy; gof;f 3 (Kd;W) egh;fSf;F ,l';fs; mspf;f ntz;oaJ vd;Wk; 5 yf;fkpl;ltUf;F tUk; fhy';fspy; Tp fy;tp epWtdj;jpd; bgah; khw;wk; bgw Vw;gLk; muR rhh;e;j. muR gzpfSf;Fk;. kw;Wk; ,ju gzpfSf;Fk; Vw;gLk; rfy cjtpfisa[k;. re;njf';fisa [k;. mjw;Fhpa tHpKiwfisa[k; ntz;Lk;bghGJ ifbaGj;J bra;at[k;. nehpy; M$uhf ntz;oa Mtz';fis g{h;j;jp bra;at[k;. mJ bjhlh;ghd midj;J mYtyf gzpfisa[k; 1.2.3.4 yf;fkpl;lth;fs; ve;jtpj kWg;g[k; ,y;yhky; ntz;oa neuj;jpy; 5yf;fkpl;ltUf;F bra;J bfhLf;f ntz;oaJ vd;Wk;. Tp cld;gof;ifia Ie;JngUk; rkkhfg; ghtpj;J ele;Jbfhs;tJ vd;Wk;. ahh; kPwpdhYk;. mjdhy; Vw;gLk; rfytpjkhd fc;l ec;l'fSf;Fk;. nfhUk; ec;L <LfSf;Fk;. nfhh;l; eltof;iffSf;Fk; mth;fns chpath;fs; Mthh;fs; vd;Wk;. Tp fy;tp epWtdj;jpw;fhf bfhLf;fg;gLk; tpsk;gu';fis 5 yf;fkpl;lth; ntz;oa tpjj;jpy; mikj;Jf;bfhs;st[k;. tpsk;guk; btspaplt[k; 1.2.3.4 yf;fkpl;lth;fs; rk;kjpf;fpwhh;fs;/ ,J rk;ge;jkhf Vw;gl;Ls;s rl;l eltof;iffis 1.2.3.4.5 yf;fkpl;lth;fs; fye;J ngrp mij thg!; bgw;Wf;bfhz;Ls;nshk;/ ,d;WKjy; Tp epWtdj;jpy; vLf;fg;gLk; Kot[fSk;. ,yhg ec;l';fSk; mijj; bjhlh;e;J Vw;gLk; gpd;tpist[fs; midj;Jk; 5yf;fkpl;ltiuna rhUk; vd;Wk;. Tp 5 yf;fkpl;lth; Tp 1.2.3.4yf;fkpl;lth;fSf;F Tp ou!;l;od; bgaUf;F mspf;fg;gl;Ls;s fhnrhiyfs; Kiwahf tNy; Mfhj gl;rj;jpy; 5yf;fkpl;ltUf;F bfhLf;fg;gl;Ls;s mjpfhu';fs; midj;Jk; uj;J Mf ntz;oaJ vd;Wk;. Tp epWtdj;ij 5yf;fkpl;ltiuj; jtpu ntW ahUf;Fk; elj;jpf;bfhs;s ve;jtpj mjpfhuKk;. chpika[k; fpilahJ/ ,e;jg;gof;F ehk; Ie;JngUk; rk;kjpj;J vGjp itj;Jf;bfhz;l epWtd cld;gof;if Mtzk;@. 23. It is seen from paragraph-3 of the aforesaid Memorandum of Agreement that what was traded between the parties, was the order of recognition granted by NCTE. The Memorandum of Agreement was followed by a receipt issued by the promoters to Mr.K.Ravi. Even the recitals contained in the said receipt confirms that what was sought to be transferred was the order of recognition. Translated into English, the relevant portion of paragraph-3 of the Memorandum of Agreement reads as follows:- “The recognition granted to parties 1,2,3 and 4 (Evva Memorial Teacher Training Institute) for running the Teacher Training Institute Tamil Medium under NCTE/2004- 05 Code APSO 1103 dated 27.1.2005 and TN Govt. NOC https://hcservices.ecourts.gov.in/hcservices/ No.29860/U1/04 dated 13.9.2004, is agreed to be transferred to the party of the fifth part, in his name or in the name of any Trust to which he belongs, in consideration of the payment of … … … … … … … … … … … …” 24. But the Certificate of Recognition granted by NCTE does not appear to be a tradable commodity or a transferable right. While a Trust, a Society, a Company, a Partnership Firm, or a Proprietory concern may be transferable, by virtue of the provisions contained in the law to which they are subjected, a Certificate of Recognition may not be transferable. The managements of body corporates in the nature of a Trust, Society, Company or Partnership Firm, are transferable by virtue of the provisions contained in The Indian Trusts Act, Societies Registration Act, The Companies Act, or The Indian Partnership Act. Therefore, such transfers of management become authorized by law. 25. It is in recognition of the transferability of the managements that The Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, provides for the approval of any change in the Constitution of the Educational Agency. Section 8 of the said Act enables the “Educational Agency” to apply for approval of any change in the constitution of the Educational Agency, provided the Educational Agency and the person to whom the management is proposed to be transferred, make a joint application to the Competent Authority. But what the said Act actually permits, is the transfer of management of the Educational Agency and not the transfer of the permission granted under Section 5 or the recognition granted under Section 11 of the said Act. In other words, there is no provision in The Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, for the transfer of an order of the Competent Authority granting permission under Section 5 or recognition under Section 11 of the Act. 26. The analogy from The Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, has become necessary in view of the fact that the National Council for Teacher Education Act under which a Teacher Training Institute is established, does not contain a provision either for the transfer or alienation of the order of recognition or even the transfer of the management of the Educational Agency. Keeping in mind, the absence of such a provision under the National Council for Teacher Education Act, 1993, the State of Tamil Nadu amended the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, by Tamil Nadu Act 11 of 1999, to include a Teacher Training Institution, within the meaning of the word “Private School” under Section 2(7) of the Act. Therefore, it can be presumed that the change in the constitution of the Educational Agency, even in respect of a Teacher Training Institution, is authorized by law, viz., Section 8 of The Tamil Nadu Recognised Private Schools (Regulation) Act, 1973. But as pointed out above, the permission contemplated under Section 8 of the said Act, is also only confined to a “change in the constitution of the Educational Agency” and “not to a transfer of the order of recognition”. https://hcservices.ecourts.gov.in/hcservices/ 27. Therefore, the Memorandum of Agreement dated 12.4.2005 entered into between the promoters of “Evva Memorial Teacher Training Institute” and “K.Ravi” for the sale of the order of recognition issued by NCTE and the No Objection Certificate issued by the Government of Tamil Nadu, is not an agreement permitted by law. 28. It is now well settled that the right to establish and maintain an Educational Institution is protected by Article 19(1)(g) of the Constitution. But the Supreme Court has made it clear that education cannot be taken to be a trade or business, but could be treated only as an occupation. In T.M.A. PAI FOUNDATION AND OTHERS vs. STATE OF KARNATAKA AND OTHERS ((2002) 8 SCC 481), the Supreme Court held as follows:- "Education is per se regarded as an activity that is charitable in nature (see State of Bombay vs. R.M.D. CHAMARBAUGWALA (AIR 1957 SC 699). Education has so far not been regarded as a trade or business where profit is the motive. Even if there is any doubt about whether education is a profession or not, it does appear that education will fall within the meaning of the expression "occupation"." Again, the Supreme Court held in in P.A.INAMDAR AND OTHERS vs. STATE OF MAHARASHTRA AND OTHERS ((2005) 6 SCC 537) as follows:- "89. Education, accepted as a useful activity, whether for charity or for profit, is an occupation. Nevertheless, it does not cease to be a service to society. And even though an occupation, it cannot be equated to a trade or a business." 29. Of late lot of cases come up before Court, involving rival claims over the right to manage an institution. The trend is on the increase especially in so far as the Teacher Training Institutes are concerned. If such fights happen to be merely fights over the right to manage a single institution, it can be tolerated. But unfortunately, in all those cases, with a single order of recognition granted by NCTE, the rival claimants run two or more institutes under the same name, admitting innocent students, whose admissions are eventually not approved by the University or the State. At the last minute, both the rival claimants drive the students admitted by them to come up before Court, seeking permission to write the exams. This trend is on the increase only on account of the fact that the order of recognition granted by NCTE is wrongly understood to be a tradeable or transferrable commodity. The said trend can be curtailed and thousands of students saved only if it is made clear that any agreement to transfer such a Certificate of Recognition is opposed to public policy and void in view of the provisions of Section 23 of the Indian Contract Act, 1872. 30. Under Section 23 of the Indian Contract Act, 1872, every agreement, of which, the object or consideration is unlawful, is void. Under the first limb of Section 23, the