G.K. COLLEGE OF EDUCATION REP. BY ITS CHAIRMAN Vs. THE TAMIL NADU TEACHER EDUCATION UNIVERSITY REP. BY ITS REGISTRAR

JUDGEMENT

(1.) THERE are two writ petitions. Writ Petition No. 14540 of 2013 has been filed by G.K. College of Education represented by its Chairman and Writ Petition No. 14513 of 2013 has been filed by Grace College of Education represented by its Chairman under Article 226 of the Constitution of India, seeking a same and identical prayer to issue a writ of mandamus, directing the respondent to approve the four students, namely, P. Maruthupandian, K. Kavitha, M. Logamithra and B. Vennila and the ten students, namely, S. Ananthi, J. Arulmoorthy, V. Arulmurugan, N. Boopalan, K. Kathirvel, V. Lavanya Sebastine, K. Madhu, G. Sugendran, L. Usharani and A. Vetrivel who were admitted in the petitioners - Colleges in B.Ed., course for the academic year 2012 -13, so as to enable them to complete the course by writing the University examinations. This Court, during the pendency of the writ petitions, by order dated 23.5.2013, permitted the aforesaid fourteen students to write the theory examinations subject to the result of the writ petitions with a further direction not to publish the results. Learned counsel for the petitioners submitted that the petitioner in W.P. No. 14540 of 2013, namely, G.K. College of Education was established during the academic year 2007 -08 after the recognition was granted by the National Council for Teacher Education (NCTE) to impart B.Ed. Course. When the college has been functioning with the approval of NCTE and affiliation with the respondent -University to conduct the B.Ed. Course with an annual intake of 100 students, 100 students were admitted for the academic year 2012 -13 and the list of 100 students was sent by the college to the respondent -University for approval to write the examinations along with the necessary documents relating to the educational qualification including the mark statements on 31.10.2012, inadvertently, the copies of documents in respect of the four students were omitted to be enclosed, however, the copies of documents in respect of four students were sent on 29.11.2012 after noticing the defect. But in the communication dated 29.1.2013, the University granted approval only for 94 students out of the list of 100 students sent already, for the reason that the attested copies of requisite documents were not sent by the college for the rest of the students. However, when the petitioner college sent the copies of requisite documents on 14.3.2013 with a request to grant approval for the four students, since two students had left, to enable them to write the examination, no communication or response was forthcoming from the respondent University in respect of the four students. In the meanwhile, the respondent University also issued the examination schedule for the B.Ed. examination. Since the examinations were to commence on 29.5.2013 and the four students in the B.Ed., course for the academic year 2012 -13 were unable to receive the approval and also the hall tickets to write the examination, the petitioner college was constrained to file the writ petition seeking a direction to the respondent University to approve the four students who were admitted in the B.Ed., course for the academic year 2012 -13 to complete the course by writing the University examination.

(2.) IN respect of the petitioner in W.P. No. 14513 of 2013, the learned counsel for the petitioner submitted that Grace College of Education was established during the academic year 2005 -06 with the recognition granted by the NCTE by order dated 6.1.2006 to impart B.Ed. course with its affiliation to Thiruvalluvar University. Thereafter, by an order of recognition dated 30.5.2008, the Regional Director of NCTE granted recognition to the petitioner college to conduct Post Graduate Course viz., M.Ed., with an intake of 25 students. After seeing the performance of the petitioner college, the NCTE suo motu in its order dated 24.8.2010 had increased the intake from 25 to 35 students for the M.Ed. Course. In the meanwhile, the affiliation was transferred to the respondent -University from the academic year 2008 -09 by order dated 20.10.2009 and thereupon the respondent University had given affiliation to the petitioner for its M.Ed., course from the academic year 2009 -10 onwards. Since then the petitioner college has been conducting the B.Ed., and M.Ed., courses with an intake of 100 and 35 students for all these years. When 100 students were admitted for the academic year 2012 -13, a list of 100 students was sent by the petitioner college to the respondent University for approval to write the examination. Although the attested copies of the requisite documents were sent for all the 100 students seeking approval from the respondent University, on scrutiny of the list sent by the petitioner college, a communication was sent by the respondent University on 19.12.2012 stating that in respect of ten students as prayed for in the writ petition, the attested copies of the certificates and mark statements were required to be produced and it was also indicated that only after receipt of the said particulars, action would be taken. In the meanwhile, by communication 29.1.2013, the University granted approval only for 90 students out of the list of 100 students sent already, for the reason that the attested copies of requisite documents were not sent by the college for the rest of the students. Immediately the petitioner college also collected the left out documents and handed over all the documents personally on 5.2.2013. But, unfortunately, the respondent University refused to approve the action taken by the petitioner college to enable the ten students to write the examination for the academic year 2012 -13. Once again the petitioner college renewed its request by letter dated 14.2.2013. As there was no positive response, the petitioner college was constrained to file the writ petition seeking a direction to the respondent University to approve the ten students who were admitted in the B.Ed., course for the academic year 2012 -13 to complete the course by writing the University examination.

(3.) DETAILED counter affidavits have been filed by the respondent University. The learned counsel appearing for the respondent submitted that when the petitioners, namely, G.K. College of Education and Grace College of Education had submitted the applications for approval of admission of 100 students each for the academic year 2012 -13, after verification of the applications, the University could not approve the admission of the fourteen students mentioned in the writ petitions, since attested copies of the essential documents viz., mark statements, degree certificates, transfer certificates, community certificates were not submitted by the colleges. Only on account of the non submission of the above copies of essential documents by the petitioners, the respondent University was not in a position to verify the correctness of the admissions done by the petitioners colleges in respect of the fourteen students mentioned in the writ petitions. However, since the Syndicate in its meeting held on 10.10.2012 resolved to extend the last date for admission upto 15.10.2012 and the last date for submission of filled in applications by the colleges upto 31.10.2012, all the colleges were directed to submit the filled in applications with all enclosures by 31.10.2012 for the academic year 2012 -13. In spite of the fixation of cut -off date, the petitioners colleges failed to comply with the same. Therefore, no leniency or indulgence can be shown to the petitioners, he pleaded. However, when this Court issued a direction on 23.5.2013 to permit the fourteen students to write the examinations pertaining to B.Ed. course, in deference to the order passed by this Court, all the fourteen students were permitted to write the examination. Since the petitioners colleges had not adhered to the procedure and had committed serious lapses in not submitting the applications of the fourteen students along with the copies of requisite documents, no indulgence can be shown. On this basis, he prayed for dismissal of the writ petitions. This Court is unable to agree with the submissions made by the learned counsel for the respondent University. When the Syndicate had fixed the last date for admission in respect of the B.Ed. course for the academic year 2012 -13 upto 15.10.2012 and the last date for submission of filled in applications was upto 31.10.2012, the record shows that the petitioners colleges had sent the copies of the requisite documents in respect of all the 100 students to the University for approval. However, the respondent University, by its communication dated 29.1.2013, had given approval only for 94 and 90 students respectively, for the reason that the petitioners had not sent the copies of requisite documents in respect of the rest of the students. Immediately after the receipt of the said communication, the petitioners colleges had collected all the documents in respect of the fourteen students and the same were handed over to the respondent University on 5.2.2013. Even after receipt of the documents, the respondent refused to grant approval. Again the petitioners colleges requested the respondent University on 14.2.2013 to grant approval. Finally, as there was no response, they had come to this Court. This Court could see from the records that when the petitioners colleges had sent the filled in applications along with the attested copies of the necessary documents in respect of the 100 students each, for the reasons best known to them, could not send the mark statements, degree certificates, etc., in respect of the fourteen students. However, when there was a communication from the respondent University dated 29.1.2013, a special messenger from the petitioners colleges handed over all the documents on 5.2.2013. But even after receipt of the said documents, the respondent University had refused approval to the rest of the students. This Court could see from the records that the lapse appears to be on the part of both the petitioners colleges in not carefully sending all the copies of documents of all the students, for which refusal to give approval to the students to write the examination will surely affect the innocent students, therefore, this Court by considering the plight of the students, issued an interim direction directing the respondent University to permit the fourteen students to write the examination. From the communication sent by the Tamil Nadu Teachers Education University dated 10.2.2014, as produced by the learned counsel for the petitioners, it is seen that the B.Ed., practical examinations are going to be held on 7.3.2014 and 8.3.2014, in a phased manner, in respect of Tiruvannamalai District. Once again when the respondent University has not sent the hall tickets to the fourteen students covered in the writ petitions to take their practical examinations, this Court, to meet the ends of justice, in continuation of the order dated 23.5.2013, hereby directs the respondent University to permit the fourteen students covered in the above two writ petitions to take the practical examinations scheduled to be held on 7.3.2014 and 8.3.2014 and thereupon to declare the results of the theory and practical examinations, as this Court does not see any serious lapse on the part of the students. With these observations and directions, both the writ petitions are allowed. Consequently, M.P. Nos. 1 of 2013 and 1 of 2014 are closed. No costs.