Billgates College of Education,rep. by its Chairman andCor v. The Registrar,Tamil Nadu Teacher Education University

IN THE HIGH COURT OF JUDICATURE AT MADRASDate:- 14.10.2009CoramThe Honourable Mr. Justice P. JYOTHIMANIW.P. No.20992 of 2009andM.P. Nos.1 to 3 of 2009 Billgates College of Education,rep. by its Chairman andCorrespondent.... Petitioner ..Vs..The Registrar,Tamil Nadu Teacher Education University,Kamarajar Salai,Chennai – 600 005.... RespondentWrit Petition under Article 226 of The Constitution ofIndia, praying to issue a writ of certiorarified mandamus, to callfor the records of the respondent in proceedingsNo.TNTEU/R/Affln/B.Ed(N)/ Legal/2009-2010/724 dated 5.10.2009 andquash the same and consequently grant affiliation and approve theadmission of the students for the academic year 2009-2010 for B.Ed.Course to the petitioner's college of education viz. BillgatesCollege of Education at Gengavaram, Kanakkankuppam Post, GingeeTaluk, Villupuram District from the academic year 2009-2010. For Petitioner : Mr. R. Thiagarajan,Sr. counsel for Mr. S. UdayakumarFor Respondent : Ms. Dhakshayani Reddy,Govt. AdvocateO R D E RThe writ petitioner has filed the present writ petition,challenging the order of the respondent-University dated 5.10.2009,by which, the respondent has refused to consider the application ofthe petitioner for granting affiliation to start a new College ofEducation in the name and style of Billgates College of Education,Villupuram District to offer B.Ed. degree course for the academicyear 2009-2010 on the ground that as per the inspection Committeereport dated 22.9.2009, certain deficiencies were pointed out, whichare as follows:- "In the individual report the inspectioncommission members observed that 3057 books areavailable. But most of the books are not relatedto Teachers Education, Books related to TeachersEducation are to be purchased. https://hcservices.ecourts.gov.in/hcservices/ The Educational Technology Lab, PsychologyLab and Science labs are to be establishedseparately. All the three labs lack sufficientequipments and apparatus. There is no provisionfor S.U.P.W. Activities, Music, The PhysicalEducation equipment and play materials are notsufficient. Looking into the instructional andinfrastructural facilities available there it isrecommended that provisional affiliation need notbe granted to Billgates College of Education,Villupuram District.Further, it is also pointed out that theStructural Soundness Certificate and FirePrevention Certificate obtained from thecompetent authority have not been produced to theUniversity."2. The case of the petitioner is that the petitioner-Institution was recognised by the Southern Regional Committee of theNational Council for Teacher Education from the academic year 2008-2009 with an annual intake of 100 students. The petitioner hadsubmitted an application to NCTE to start B.Ed. course. Afterobtaining recognition from the NCTE, the petitioner has approachedthe respondent-University 3. It is the case of the petitioner that the petitioner hadsubmitted all the required documents and requested the respondent tomake an inspection for granting affiliation to commence the coursefor the academic year 2009-2010. Since the respondent has not takenany steps, the petitioner has sent a representation on 5.1.2009,requesting for inspection. 4. Since there was no positive response from therespondent, the petitioner has approached this Court by filing W.P.No.13338 of 2009 for a direction against the respondent-University todispose of the representations dated 5.1.2009 and 6.7.2009, whichrelate to grant of affiliation to the petitioner's institution forthe academic year 2009-2010. The said writ petition came to bedisposed of by an order dated 20.07.2009, with a direction to therespondent to dispose of the representation of the petitioner dated6.7.2009 within a period of four weeks. As it is seen from theimpugned order, pursuant to the order of this Court dated 20.07.2009,the respondent has passed the impugned order, rejecting the claim ofthe petitioner for affiliation for the reasons stated above.5. It is not in dispute that before passing the impugnedorder, the respondent has not given any notice to the petitioner orcalling upon the petitioner to rectify the deficiencies which arestated to have been detected by the inspection Committee as seen in https://hcservices.ecourts.gov.in/hcservices/ the impugned order. It is the contention of the learned counsel forthe petitioner that when once the NCTE has granted recognition, whichwas granted after the inspection and having been satisfied about theinfrastructure facilities, it is automatic on the part of therespondent-University to grant affiliation, by relying upon variousdecisions.6. Learned counsel appearing for the respondent would relyupon the Full Bench judgment of this Court in RUKMANI COLLEGE OFEDUCATION, REP. BY ITS CORRESPONDENT, KADAYANALLUR, TIRUNELVELIDISTRICT v. STATE OF TAMIL NADU, REP. BY ITS SECRETARY, HIGHEREDUCATION DEPARTMENT & OTHERS ((2008) 1 M.L.J. 1217), wherein it washeld that even though it is true the NCTE being the authority underthe Central Act granted recognition, it is open to the University toact as per the statute while granting affiliation and the Universitycannot be treated as rubber stamp for the purpose of approvingwhatever stated in the recognition order. However, it is held bythe Full Bench that the University cannot impose onerous conditionsthan that of the NCTE under the NCTE Act. 7. Be that as it may, the fact that before passing theimpugned order refusing to grant affiliation to the petitioner'sinstitution for the academic year 2009-2010, the respondent has notgiven any opportunity to the petitioner for the purpose of rectifyingthe mistake. It would be suffice the impugned order insofar as itrelates to refusal to grant affiliation is set aside. Accordingly,the said portion of the impugned order is set aside. The otherportion of the order dated 5.10.2009, which relate to variousinspection Committees' reports regarding various deficiencies, shallbe treated as show-cause notice to the petitioner. 8. It is open to the petitioner to give his reply to thesaid show-cause notice dated 5.10.2009 and the records to be producedbefore the respondent within a period of one week from the date ofreceipt of a copy of this order. The petitioner is also entitled tomake any further representation for the said show-cause notice.Thereafter, the respondent shall consider the same and passappropriate orders on merits and in accordance with law regardinggrant of affiliation within a period of two weeks thereafter.9. Learned counsel appearing for the respondent would bringto the notice of this Court that as per the Government order, thelast date for admission of students is 28th October, 2009 and theapproval of such admission as stated by the Government is 31.10.2009.Hence, it may not be possible for the University to consider the caseof the petitioner for the academic year 2009-2010. It is true thatsuch order has been passed by the Government. However, the case ofthe petitioner has to be taken as special case because of the reasonthat the impugned order was passed without giving any opportunity tothe petitioner for rectifying the mistake and inform the same to the https://hcservices.ecourts.gov.in/hcservices/ University. Hence, for the delay beyond the period of 28th October,2009, the respondent shall consider the case of the petitioner as aspecial case and pass appropriate orders regarding grant ofaffiliation as expeditiously as possible. With these observations,the writ petition is disposed of. Consequently, the connected M.Ps.are closed. No costs.ssa.Sd/-Asst. Registrar/ true copy /Sub Asst. RegistrarToThe Registrar,Tamil Nadu Teacher Education University,Kamarajar Salai,Chennai – 600 005.W.P. No.20992 of 2009 andconnected M.Ps.RSM (CO)SS (19.10.2009)