Annai Teresa College of Education v. Tamil Nadu Teacher Education University Lady Willington College Campus & Ors.

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 04.01.2012CORAMTHE HONOURABLE MR.JUSTICE P.JYOTHIMANIandTHE HONOURABLE MR. JUSTICE M. DURAISWAMYW.P.No.25192 of 2011 &M.P.Nos. 1 & 2 of 2012Annai Teresa College of EducationRep. By its CorrespondentS.SelvarajSendarapatti Main RoadThemmampattiGangvalli TalukSalem District – 636 113. .. Petitioner v. 1.The Registrar Tamil Nadu Teacher Education University Lady Willington College Campus Kamaraj Sali Chennai.2.The National Council of Teacher Education Rep. By its Regional Director 1st Floor, C.S.D. Building, H.M.T. Post Bangalore – 560 031. ... RespondentsWrit petition filed for the issuance of a writ ofcertiorari to call for the records of the order passed by the 1strespondent vide No.TNTEU/R/Syn. Sep 20 Item13/CC11804/Dis.A.Affln./2011/1393 dated 22.09.2011 and quash thesame. For Petitioner : Mr.K.M.Vijayan, S.C. For Mr.E.Vijay Anand For Respondents : Mr.A.Navaneethakrishnan, A.G. - for R-1 Assisted by Ms.R.Janaki No appearance – for R-2 https://hcservices.ecourts.gov.in/hcservices/ ORDER (order of the Court was made by P.JYOTHIMANI ,J) Heard Mr.K.M.Vijayan, learned senior counsel appearing forthe petitioner and Mr.A.Navaneethakrishnan, learned AdvocateGeneral, who represents the learned counsel for the first respondent. 2. The writ petitioner, which is a private College ofEducation, was originally affiliated to Periyar University, Salem andthey have been running classes both Arts and Science classes as wellas the education classes. When the first respondent university hascome into existence under a statute in the year 2008, namely underthe Tamil Nadu Teacher Education University Act, 2008, by virtueof one of the provisions of the said Act, all the powers, which werein existence with the college, by virtue of its affiliation to firstrespondent University, stood transferred and stated to continue andit was accordingly, the petitioner institution is stated to havecontinued the affiliation under the first respondent-University.However, under the impugned order, the first respondent-Universityhas withdrawn the affiliation from the academic year 2011-12 on thebasis there has been some deficiencies found by two-memberInspection Commission, which is stated to have visited the collegeon 13.9.2011. As it is seen in the impugned order of the firstrespondent -University, the following are the found to be thedeficiencies:-(i) No language laboratory(ii) Ladies staff room without adequate furniture(iii) No furniture and water facilities in the PhysicalScience Lab.(iv) Nine class rooms in the first floor are withoutfurniture's(v) The library is not having adequate furniture, nojournals and magazine were subscribed.(vi) The books are shared by B.Ed and D.T.Ed students(vii) No logbook is maintained in the Library.(viii)The Psychology Lab is inadequate(ix) Space for play ground is found, earmarked but itis not presented for outdoor games.(x) Drinking water facilities are found inadequate(xi) Staff rooms for male and female teachers werefound without adequate furniture.(x) Drinking water facilities are found inadequate.(xi) Staff rooms for male and female teachers werefoudn without adequate furniture.(xii) No restroom for women with adequate facilities.(xiii) Canteen and Hostel facilities re not found.(xiv) Faculty members for subjects Tamil,English,Maths, Physical Science, Biological Science, https://hcservices.ecourts.gov.in/hcservices/ Computer Science, economics, Commerce and History areappointed on the day of inspection only.(xv) The Principal's 10 years of experience certificateis not endorsed by due Regional Director of CollegiateEducation, Karnataka.(xvi) The Principal also had joined duty only ont heday of Inspection.(xvii) In the address at 242/2 Sentharipatti Main Road,Thammampatti, Salem, Annai Teresa Arts and Science Collegeaffiliated to Periyar University is functioning. (xviii) Website for Annai Teresa College of educationis not found in the internet.(xix) Both Biology lab and Physical Science lab werefound in the same hall (20x45 ft) . Adequate apparatus forthe both labs were found without water facilities andfurniture. 3. There is one admitted fact that the first respondentUniversity came into existence by virtue of power conferred undersection 54 of the Tamil Nadu Teacher Education University Act, 2008.Admittedly, there are no guidelines or regulations framed sofar inrespect of the first respondent University. It appears that thefirst respondent University is following the guidelines followedby other universities including that of the Periyar University. 4. Mr.K.M.Vijayan, learned senior counsel appearing forthe petitioner would fairly submit that the 19 items, which arestated in the impugned order are actually compliable in nature andaccording to him, all the requirements are available as on date. 5. The submission made by the learned senior counselappearing for the petitioner institution in our considered view tobe very fair. Therefore, we are of the view that the firstrespondent University may give the exact particulars required inrespect of 19 items and give sufficient time so as to enable thepetitioner institution e to comply with such requirements .6. Mr.A.Navaneethakrishnan, learned Additional AdvocateGeneral would submit that it must be made clear that theinfrastructure which are used by the petitioner institution forArts and Science College cannot be permitted to be used foreducational use also. Certainly it is appreciable and there is nodoubt that there must be separate infrastructure between twodifferent institutions namely Arts and Science College as well asthe Education College. 7. The learned Advocate General would submit that the firstrespondent University within the time limit, which may be fixed bythis court , would write to the writ petitioner about the actualrequirements in order to comply with the requirements required by https://hcservices.ecourts.gov.in/hcservices/ the first respondent University, in which event, as argued by thelearned senior counsel appearing for the petitioner, the same will becomplied with within a specified time and thereafter the firstrespondent University can inspect and find out as to whether thecompliance have been effected. 8. In view of the above, the writ petition stands disposedof with the following directions:-(i) The first respondent University shall communicateto the petitioner about the actual requirement in respect of19 items by making specific quantification in respect ofthe requirements for running the educational college withina period of one week from the date of receipt of a copy ofthis order.(ii) On receipt of such communication from the firstrespondent University, the petitioner shall comply with therequirements within a period of three weeks thereafter.(iii) After the expiry of the said period of threeweeks, the first respondent University shall conductinspection to find out as to whether the compliance havebeen effected.(iv) On compliance of the said conditions, it is opento the first respondent University to consider theapplication of the petitioner institution for affiliationfrom the academic year 2012-2013 onwards.(v) It is made clear that it is only after suchaffiliation granted by the first respondent Universityfrom the academic year 2012-2013, the petitioner institutionshall admit students and continue the course.No costs. Consequently, connected miscellaneous petitions areclosed.Sd/Asst.Registrar/true copy/Sub Asst.Registrar rj https://hcservices.ecourts.gov.in/hcservices/ To1.The Registrar Tamil Nadu Teacher Education University Lady Willington College Campus Kamaraj Sali, Chennai.2.The Regional Director National Council of Teacher Education 1st Floor, C.S.D. Building, H.M.T. Post Bangalore – 560 031.1 cc to Mr.Janaki, Advocate, Sr.No.8851 cc to Mr.K.Ramakrishna Reddy, Advocate, Sr.No.950 W.P.No.25192 of 2011 MS {CO}TP/5.1.2012.