Madrasdated High Court · 2025

2/16WP Nos. 1421, 5009 & 31744 of 2025in NCTE-Reg 019/37/2023-Regulation Section (TN)-SRC/145535 dated 27.12.2024, quash the same.For Petitioner(s):Mr.G.SankaranSenior Counsel forMr.S.Bharathi RajanFor Respondent(s):Mr.J.Hari KrishnaStanding Counsel for R1 Mr.D.RavichanderStanding Counsel for R2 WP No. 5009 of 2025Arcot Sri Mahalakshmi Women’s College of Education,Arani Main Road, Vellapakkam,Vellore Distrct,Represented by its SecretaryMr A.L.RaviPetitioner(s)Vs1. The Deputy Secretary/the Appellate AuthorityNational Council For Teacher Education,G-7, Section -10, Dwaraka,New Delhi- 110 075.2.National Council For Teacher Education,Southern Regional Committee,G-7, Section -10, Dwaraka,New Delhi- 110 075.Respondent(s) https://www.mhc.tn.gov.in/judis 3/16WP Nos. 1421, 5009 & 31744 of 2025PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records of the 2nd Respondent herein in F.SRO/NCTE/APSO1215/B.Ed/(TN)/2021/128508 dated 02.09.2021 and confirmed on appeal by the 1st Respondent herein in File No.89-187/E- 318986/2023 Appeal/12th Meeting 2024 APPLSRC202314700 dated 30.10.2024 and quash the same.For Petitioner(s):Mr.G.SankaranSenior Counsel forMr.S.Bharathi RajanFor Respondent(s):Mr.J.Hari KrishnaStanding CounselWP No. 31744 of 2025Arcot Sri Mahalakshmi Women’s College of Education,Arani Main Road, Vellapakkam,Vellore Distrct,Represented by its SecretaryMr A.L.RaviPetitioner(s)VsThe RegistrarTamil Nadu Teachers Education University,Gangaiamman Koil Street,Karapakkam Chennai 600 097Respondent(s)PRAYER Writ Petition filed under Article 226 of the Constitution of India for https://www.mhc.tn.gov.in/judis 4/16WP Nos. 1421, 5009 & 31744 of 2025issuance of a Writ of Mandamus, directing the respondent to publish the result of the1st semester examinations for the students of B.Ed course in the petitioner institution for the academic session 2024-25, allow the students to apply and write the arrear papers if any, allow the students to write the2ndSemester Examinations scheduled to be held from 23.08.2025 and subsequently send them from Teaching Practice, and open on-line portal for uploading students details admitted by the petitioner institution in B.Ed course for the academic session 2025-26, and remittance of necessary fee, including the examination fee for Theory and Practical Examination.For Petitioner(s):Mr.G.SankaranSenior Counsel forMr.S.Bharathi RajanFor Respondent(s):Mr.D.RavichanderStanding CounselCOMMON ORDER W.P.No.5009 of 2025 has been filed challenging the proceedings of the 2nd respondent dated 02.09.2021, which was confirmed in appeal by the 1st respondent through proceedings dated 30.10.2024, whereby, the recognition granted to the petitioner was withdrawn on the ground that there is change in management. The same has been confirmed in appeal by the 1st respondent.2.W.P.No.31744 of 2025 has been filed for a direction to the Tamil Nadu https://www.mhc.tn.gov.in/judis 5/16WP Nos. 1421, 5009 & 31744 of 2025Teachers Education University to publish the result of the I Semester Examination and to allow the students to apply and write the arrear papers and also to allow the students to write the II Semester Examination with respect to the B.Ed., course.3.In this writ petition, an interim order passed by this Court on 21.08.2025 and interim directions as sought for was granted by this Court. The decision to be taken in W.P.Nos.5009 and 1421 of 2025, will have a direct bearing on the writ petition in W.P.No.31744 of 2025.4.This Court had granted several adjournments to enable the National Council for Teachers Education (NCTE) to file a counter in W.P.Nos.5009 and 1421 of 2025. However, till date, no counter has been filed. Therefore, this Court has to necessarily proceed further to decide these writ petitions based on the materials available before this Court.5.Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents.6.The petitioner Institution was established and granted recognition to run the B.Ed., course of one year duration with an annual intake of 100 students https://www.mhc.tn.gov.in/judis 6/16WP Nos. 1421, 5009 & 31744 of 2025from the academic session 2005-2006. Similarly, the petitioner Institution was granted recognition to run the M.Ed., course from the year 2009. Initially, the petitioner Institution was established and managed by Mahalakshmi Educational Charitable Trust and the Board of the said Mahalakshmi Educational Charitable Trust in its meeting held on 25.10.2012, unanimously resolved to merge Arcot Sri Mahalakshmi Women's College of Education and Arcot Sri Mahalakshmi Women's Teacher Training Institute with Sri Matha Bhuvaneshwari Educational Trust and a Memorandum of Understanding was entered into to that effect.7.The petitioner through a letter dated 18.07.2016, requested the NCTE to make necessary entries by changing the name of the Trust. The 2nd respondent NCTE sought for certain documents and after the same was furnished by the petitioner, a Show Cause Notice was issued to the petitioner calling upon the petitioner to submit fresh documents relating to the land and building of the Institution. A final Show Cause Notice came to be issued on 21.11.2020 for which the petitioner submitted a reply on 25.01.2020.8.The 2nd respondent through two separate communications dated 02.09.2021, passed orders withdrawing the recognition granted to the petitioner Institution for conducting B.Ed., and M.Ed., courses. Challenging the same, two separate appeals were filed by the petitioner before the 1st respondent and the 1st https://www.mhc.tn.gov.in/judis 7/16WP Nos. 1421, 5009 & 31744 of 2025respondent confirmed the order passed by the 2nd respondent, thereby confirming the order of withdrawal of recognition.9.Initially, the petitioner filed W.P.No.33456 of 2022 with respect to withdrawal of recognition for the M.Ed., course and W.P.No.9637 of 2023 with respect to the withdrawal of recognition for the B.Ed., course.10.This Court by an order dated 02.01.2023 and 18.04.2023, allowed the writ petitions by setting aside the order of rejection and directed the petitioner to submit a fresh appeal before the 1st respondent and the 1st respondent was directed to dispose of the appeals after affording an opportunity to the petitioner.11.After the above order was passed, the petitioner filed a fresh appeal with respect to the M.Ed., course and while taking steps to file a fresh appeal with respect to the B.Ed., course, the petitioner received a communication from the 1st respondent dated 10.04.2023, stating that the appeal filed by the petitioner has been rejected with respect to the M.Ed., course. Hence, two separate writ petitions were again filed by the petitioner in W.P.No.28294 of 2023, challenging the order of rejection of appeal with respect to the M.Ed., course and W.P.No.28705 of 2023 with respect to the B.Ed., course. https://www.mhc.tn.gov.in/judis 8/16WP Nos. 1421, 5009 & 31744 of 202512.At this juncture, it must be seen as to what documents were sought for by the NCTE from the petitioner for considering the request made by the petitioner for change of management. Three documents were sought for by the NCTE. The first was a Resolution of the Society; the second was No Objection Certificate from the Registrar of Societies or Trust and affiliating body and the third is the permission from the Government. The petitioner had initially fulfilled the first two requirements. Insofar as the third requirement is concerned, the State Government by an order dated 12.12.2023, passed an order of approval for change in the name of the Trust.13.All the above developments were taken into consideration by this Court when a final order was passed in both the writ petitions on 05.06.2024. For proper appreciation, the relevant portions are extracted hereunder:4.It is the petitioner’s case that it is managed by the Mahalakshmi Educational Charitable Trust which, in its meeting held on 25.10.2012 had unanimously resolved to merge the Arcot Sri Mahalakshmi Women’s Teacher College of Education and Arcot Sri Mahalakshmi Women’s Teacher Training Institute with the Sri Matha Bhuvaneshwari Educational Trust. An MoU had been executed vide letter dated 18.07.2016, R2 had been requested to effect necessary name changes. 5.It is the case of the respondents that in order for the recognition to continue to be valid, necessary permissions ought to have been obtained from the Government as well. Admittedly, this has not been done. Hence for this https://www.mhc.tn.gov.in/judis 9/16WP Nos. 1421, 5009 & 31744 of 2025reason, the withdrawal of the recognition and the confirmation of the same by R1 are in order. 6.Pending writ petitions, the petitioner has sought and obtained necessary approvals from the Joint Director of Collegiate Education for change in management vide proceeding in e.f.vz;.5462/R.ep.f./2023 dated 12.12.2023. Thus, there is no further necessity to entertain these writ petitions. In fact, in one case, the first appeal filed by the petitioner is still pending and in the second case, the petitioner has challenged the first appellate order. 8.As far as W.P.No.28705 of 2023 is concerned, the petitioner may well pursue its appellate remedy and supply a copy of the order of approval dated 12.12.2023 to the appellate authority for consideration, in accordance with law. 9.As far as W.P.No.28294 of 2023 is concerned, the petitioner may apply afresh enclosing a copy of the order of approval as well. Let that application be considered by the respondents, in accordance with law. 14.Pursuant to the above order, the petitioner once again submitted the relevant documents before the 1st respondent and by the time, orders were passed by the 1st respondent, a Notification was issued by the Tamil Nadu Teachers Education University for uploading the details of the admitted students for the academic session 2024-2025 and for payment of fees on or before 04.11.2024. Since the portal for uploading the students details was not made available to the petitioner Institution, the petitioner filed W.P.No.31568 of 2024 seeking for a direction to the Tamil Nadu Teachers Education University to open the portal for the petitioner Institution to upload the student details and to grant continuous affiliation and approval of admission of hundred students in B.Ed., https://www.mhc.tn.gov.in/judis 10/16WP Nos. 1421, 5009 & 31744 of 2025course for the academic session 2024-2025 and for remittance of fees. This writ petition was disposed of by an order dated 29.10.2024 and the relevant portions are extracted hereunder:7. The learned counsel appearing for the first and second respondents submitted that the appeal filed by the petitioner will be decided and appropriate decision will be taken on 11/11/2024.8. Recording the submission of the learned counsel appearing for the respondents 1 and 2, this Court directs the third respondent to allow the petitioner Institution to upload the students list for the academic year 2024 – 2025, subject to the decision taken by the first respondent in the appeal preferred by the petitioner.15.The 1st respondent passed an order dated 30.10.2024, rejecting the appeal filed by the petitioner with respect to the B.Ed., programme and 27.12.2022, with respect to the M.Ed., course. Insofar as the B.Ed., course is concerned, the only reason that has been assigned by the 1st respondent is that there is no provision available for change of management in the Regulation 2014 and that in view of the lack of specific provision in the Regulation, such request made by the petitioner cannot be considered.16.Insofar as the M.Ed., course is concerned, the petitioner was informed that the Institution can apply afresh as and when the NCTE opens the online https://www.mhc.tn.gov.in/judis 11/16WP Nos. 1421, 5009 & 31744 of 2025portal calling for applications for the M.Ed., course.17.The short issue that arises for consideration is as to whether the NCTE can reject the request made by the petitioner only on the ground that there is no provision for change of management in the Regulation, 2014.18.It is seen from records that NCTE has earlier considered similar request and has granted permission for change of management. One such proceedings is dated 28.08.2019, wherein, the NCTE has permitted as follows:AND WHEREAS, the institution vide letter dated Nil received on 27.07.2015 requested for change of name of college and society from BKR College of Education to GRT College of Education and Sola Raju Dhanuskodi Raja Thai Ammal Memorial Educational Charitable Trust to GRT Mahalakshmi Educational Charitable Trust for both B.Ed. and M.Ed. course. The request of change in name from the institute was placed before the committee in its 291st meeting held on 20th-21st August 2015. The Committee considered the matter and decided as under: -"Change of name and management is permitted"19.There is yet another instance where such a permission was granted by the NCTE through proceedings dated 19.02.2020 and the relevant portion is extracted hereunder: https://www.mhc.tn.gov.in/judis 12/16WP Nos. 1421, 5009 & 31744 of 2025THEREFORE, the permission for change of name of institution and trust is accorded from "Sun College of Education" to "Amrita College of Education" and "ACP Educational Trust No. 19, Kalaimagal Street, Nagercoil, Kanyakumari District" to "Mata Amritanandamayi math, Amrtapuri (P.O.), Kollam, Kerala" respectively.20.What is sauce for the goose is sauce for the gander. If there is no provision available under the Regulations for the NCTE to recognise change of name and change of management, such a rule must be applied across the Board and exemptions cannot be given in a pick and choose manner. The earlier two proceedings which has been referred supra also pertained to a case where there was a change of name of the Institution as a result of which there was change of management and the NCTE had thought it fit to recognise such change and to grant approval. The same rule must be applied even in the case of the petitioner. The petitioner cannot be informed that, since there is no specific regulation dealing with the change of name and change of management, the petitioner will not be given any such provision. If that is so, the earlier two permissions ought not to have been granted by the NCTE. Such action on the part of the NCTE will clearly fall foul of Article 14 of the Constitution of India on the ground of discrimination.21.In the case in hand, the NCTE had sought for certain documents from the petitioner and the petitioner has submitted all the documents which also https://www.mhc.tn.gov.in/judis 13/16WP Nos. 1421, 5009 & 31744 of 2025includes the order passed by the State Government dated 12.12.2023, granting approval for the change of the name of the Trust. In the light of fulfilling all those requirements, the NCTE has to necessarily grant approval for the change of name and change of management as was done in the other similarly placed cases.22.The NCTE was not coming forward to take any stand in these writ petitions in spite of several opportunities given to the NCTE. In the meantime, the Institution and the students were left in lurch, since they were not sure about the final result in the writ petitions. Therefore, merely paying the fees and writing the examination will be of no avail, if ultimately, the Institution does not get the necessary recognition from NCTE. If the NCTE does not give the necessary approval for change in name and change in management, the Tamil Nadu Teachers Education University cannot grant the affiliation to the petitioner in view of Section 16 of the National Council for Teachers Education Act, 1993 read with Regulation No.40 of the Affiliation Statute governing the University.23.In the light of the above discussion, the impugned proceedings of the 1st respondent dated 30.10.2024, confirming the order passed by the 2nd respondent dated 02.09.2021 in W.P.No.5009 of 2025 and the proceedings of the 1st respondent dated 27.12.2024 in the W.P.No.1421 of 2025, are hereby https://www.mhc.tn.gov.in/judis 14/16WP Nos. 1421, 5009 & 31744 of 2025quashed. There shall be a direction to the NCTE to act upon the application submitted by the petitioner and grant permission for the change in the name of the Trust from Mahalakshmi Educational Charitable Trust to Sri Matha Bhuvaneshwari Educational Trust and necessary proceedings shall be issued in this regard, within a period of four weeks from the date of receipt of copy of this order.24.In the result, W.P.Nos.5009 and 1421 of 2025 are allowed and in the light of the order passed in W.P.Nos.5009 and 1421 of 2025, the respondent in W.P.No.31744 of 2025 is directed to act upon the proceedings to be issued by the NCTE and consider the request made by the petitioner for affiliation, on the petitioner satisfying all the necessary requirements. Accordingly, W.P.No.31744 of 2025 is disposed of in the above terms. No Costs. Consequently, connected miscellaneous petitions are closed.21-11-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/Nossr https://www.mhc.tn.gov.in/judis 15/16WP Nos. 1421, 5009 & 31744 of 2025To1. National Council for Teacher EducationSouthern Regional Committee,G-7, Section -10, Dwaraka,New Delhi 110 0752.The RegistrarTamil Nadu Teachers Education University,Gangaiamman Koil Street,Karapakkam Chennai 600 0973.The Deputy Secretary/the Appellate AuthorityNational Council For Teacher Education,G-7, Section -10, Dwaraka,New Delhi- 110 075. https://www.mhc.tn.gov.in/judis 16/16WP Nos. 1421, 5009 & 31744 of 2025N.ANAND VENKATESH J.ssrWP Nos. 1421, 5009 & 31744 of 202521-11-2025