High Court · 2025

WA No. 1494 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 02-07-2025CORAMTHE HONOURABLE MRS JUSTICE J. NISHA BANUANDTHE HONOURABLE MR.JUSTICE M.JOTHIRAMANWA No. 1494 of 2025 and CMP Nos.11456 and 11458 of 20251. Vishnu Lakshmi B.Ed. CollegeRep by its Correspondent K. Baskaran, Pollachi Road, Ellies Nagar Post, Dharapuram 638 657, Tiruppur Dt.Appellant(s)Vs1. Tamil Nadu Teachers Education UniversityRep by its Registrar, Gangaiamman Kovil St, Karapakkam, Chennai 97.Respondent(s)PRAYER Writ Appeal filed under Clause 15 of the Letters Patent to allow the present appeal by setting aside the Order Passed by this Court in WP No. 30080 of 2024, dated 29.10.2024.For Appellant(s):M.Vijaya KumarFor Respondent(s):M/s.D.RavichandranStanding CounselORDER(Order of the Court was made by J.Nisha Banu J.)This writ appeal has been filed to set aside the order Passed by this Court in WP No. 30080 of 2024, dated 29.10.2024.2. The appellant filed the above writ petition seeking to quash the show 1 of 7 https://www.mhc.tn.gov.in/judis WA No. 1494 of 2025cause notice issued by the respondent dated 16.08.2024, based on the complaints received from the State Welfare SC/ST Department, Chennai and consequent inspection report submitted by the Inspection Committee. The said writ petition was dismissed and the same is impugned herein. 3. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent.4. The facts leading to file the present appeal is that the appellant College was granted recognition by the National Council for Teacher Education to launch the B.Ed. programme from the academic year 2006. Subsequently, the appellant failed to pay the fees in time for continuation of affiliation and hence, the appellant was directed by the respondent not to admit any students in B.Ed. programme for the academic year 2022-2023. 4.1. For the academic years 2023-2024 and 2024-2025, the petitioner was granted continuation of affiliation to conduct B.Ed.programme and therefore, 30 students attended the college and written the examinations held in the month of February. Further, for the academic year 2024-2025, more than 30 students were admitted. In the meanwhile, the respondent university sent an Inspection Team, without any notice on 14.06.2024 to the appellant and they failed to record the explanations given by the appellant management. Subsequently, based on their 2 of 7 https://www.mhc.tn.gov.in/judis WA No. 1494 of 2025report, the impugned show cause notice was issued and challenging the same the appellant filed the writ petition. 5. A perusal of the records shows that the petitioner was granted recognition for continuation of provisional affiliation to initiate B.Ed. programme with an intake of 100 students (two units) for the academic years from 2023-2024 and 2024-2025, vide order dated 22.05.2023, subject to the conditions mentioned thereon. However, Since the respondent University received complaints from the State Welfare SC/ST department, Chennai, an Inspection Team was sent to the college on 14.06.2024 for surprise visit. The Inspection team found that teaching faculties, non teaching faculties and students were not present in the college and a there was no evidence in that location indicating that a college was being run there. Further, the Inspection Committee found several faults, such as, no adequate infrastructural, laboratories and instructional facilities to run the B.Ed. programme; the documents pertaining to the students belonged to SC/ST admitted during the Academic year 2013-2014 was not disclosed; the college has not renewed building license, sanitary certificate, fire prevention certificate and pollution control control board certificate for the current year, etc. Therefore, the Inspection committee suggested the authorities of the University to ban the admission of the students for the year 2024-2025. In view of the same, the 3 of 7 https://www.mhc.tn.gov.in/judis WA No. 1494 of 2025respondent University had issued the impugned show cause notice, calling upon the appellant to give explanation with all the documents in original and findings of the Inspection Committee report, within 7 days from the date of receipt of the notice.6. It is to be noted that there is no document from the appellant to prove that they have given explanation for the impugned show cause notice sent by the respondent University, in order to rectify the faults mentioned thereon. However, without curing the defects, the appellant has filed the writ petition to quash the impugned show cause notice, which is impermissible. Therefore, the learned Single Judge has rightly dismissed the writ petition and hence, we are not inclined to interfere with the same.7. At this juncture, learned counsel for the appellant submitted that the appellant has applied for continuation of provisional affiliation for three Academic Years from 2025-2026 to 2027-2028, along with the registration fees and provisional fees, within the stipulated time before 31.10.2024 and the same was accepted by the respondent. Now, the application submitted by the appellant to conduct B.Ed. programme for the current Academic years 2025-2026 is under process before the respondent and hence, he seeks direction to the respondent to accept the same.4 of 7 https://www.mhc.tn.gov.in/judis WA No. 1494 of 20258. The learned standing counsel appearing for the respondent submitted that the application submitted by the appellant to conduct B.Ed. programme for the academic year 2025-2026 is under process and if the conditions as required by the respondent University are complied with, the application will be considered in accordance with law.9. Replying to the above, learned counsel for the appellant submitted that the appellant college has complied all the requirements as sought for by the respondent and hence, the respondent may be directed to consider their application for granting continuation affiliation for the Academic year 2025-2026. 10. Considering the submissions made by the learned counsel for the appellant as well as the respondent, we are of the view that it is for the respondent to consider the application submitted by the appellant to grant continuation affiliation for the Academic year 2025-2026 to run B.Ed. Programme, if the conditions as required by them are complied with and to pass appropriate orders in accordance with law. 11. With the above observations, this writ appeal is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.5 of 7 https://www.mhc.tn.gov.in/judis WA No. 1494 of 2025 (J.NISHA BANU J.) (M.JOTHIRAMAN J.)02-07-2025mstIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoTo1.The Registrar, Tamil Nadu Teachers Education University Gangaiamman Kovil St, Karapakkam, Chennai 97.6 of 7 https://www.mhc.tn.gov.in/judis WA No. 1494 of 2025J.NISHA BANU J.ANDM.JOTHIRAMAN J.mstWA No. 1494 of 2025 02-07-20257 of 7