Theivika Thirumagan Pasumpon ThevarTeacher Training Instituterep. by its Cor v. The Director of Teacher Education

W.P.3894/08K.S. Techer Training InstituteRep by its CorrespondentMr.M. MunusamyKavanthapadiErode District... Petitioner VS1. The Director D.T.E.R.TO/o.Director of Public InstructionCollege Road, Chennai-6.2. The Director Directorate Government ExaminationD.P.I. Campus, College RoadChennai-6... RespondentsWP.No.3896/2008 :Concord Teacher Training Institute,rep. by its Chairman,P.R.Lydia Devikumari,Avanthanpatti Village,Krishnagiri District...Petitionervs1. The Director,D.T.E.R.T,O/o. Director of Public Instruction,College Road, Chennai - 6.2. The Director,Directorate Government Examinations,D.P.I. Campus, College Road,Chennai - 6...RespondentsWP.No.4064/2008 :Jaisai Teacher Training Institute,rep. by its Correspondent Mr.A.Ganesah,15/1, Venus Nagar,Airport Post, Trichy-7...Petitionervs https://hcservices.ecourts.gov.in/hcservices/

1. The Director,D.T.E.R.T,O/o. Director of Public Instruction,College Road, Chennai - 6.2. The Director,Directorate Government Examinations,D.P.I. Campus, College Road,Chennai - 6...RespondentsWP.No.4148/2008 :Sri Jayaram Girls Teacher Training Institute,rep. by V.P.Perumal Reddiyar Charitable Trust,41-A, Sannathi Street, Vilathikulam,Tuticorin District - 628907,rep. by its Correspondent,Mr.V.P.Jayaraj...Petitionervs1. The Director of Teacher Education,Research and Training,College Road, Chennai - 6.2. The Director of Government Examinations,College Road, Chennai - 6.3. The Principal,District Institute of Education and Training,Vanaramutti, Tuticorin District...Respondents.WP.No.5633/2008 :Luise James Teacher Training Institute,Mananvilai, Kappiyarai P.O.,Kanyakumari District - 629156.Tamil Nadu, rep. by its CorrespondentDr.J. Prem Kumar...Petitionersvs1. The Director of Teacher EducationResearch and Training (DTERT)College Road, Chennai - 6. https://hcservices.ecourts.gov.in/hcservices/

2. The Principal,District Institute for Education and Training,Kanyakumari District.3. The National Council for Teacher Education,Southern Regional Committee,CSD Building, HMT Post,Bangalore - 560031...RespondentsPrayer : Writ Petitions under Article 226 of the Constitutionof India for the reliefs as stated within.W.P.3173/08: Writ of Certiorarified Mandamus calling for the records relating toorder of the in Na.Ka.No.5589/E1/E/2007 the 1st respondent dated13.12.07 and quash the same consequently directing the 2nd respondent topermit the students admitted in the petitioner institution for theacademic year 2006-2007 to take up their 1st year Exams as scheduled bythe respondents.W.P.3295/08Writ of Certiorarified Mandamus calling for the records relating toorder of Ist respondent vide Na.Ka.No.3783/E1/E/2007 dated 23.11.07 andquash the same consequently directing the 2nd respondent to permit thestudents admitted in the petitioner institution for the academic year2006-2007 to take up their 1st year Exams as scheduled by therespondents and pass such further or other Respondents.W.P.3599/2008:Writ of Certiorarified Mandamus calling for records in respect ofthe impugned order issued by the 1st respondent vide his proceedingsNa.Ka.No.4517/E-1/2007 dated 27.9.2007 and quash the same and direct the1st respondent to grant approval to the staff list of the petitionerinstitute for the additional intake as forwarded by the 2nd respondentvide his proceedings dated 20.11.2006 and also taking into considerationof the replacement list of two staff members as submitted by thepetitioner vide letter dated 19.10.2007 WP No. 3791/2008Writ of Mandamus directing the 2nd respondent to hold thesupplementary examination for the 2nd year D.T.Ed Course for theStudents who have got admitted in the D.T.Ed Course for the academicyear 2005-2006 in the petitioner institution and permit the students to https://hcservices.ecourts.gov.in/hcservices/ write the said examination and issue the D.T.Ed Certificates for theCandidates who have passed the examinations.W.P.No.3808/2008:Writ of Mandamus directing the 1st respondent to consider therepresentation dated 26.09.2007 made by the petitioner for staffapproval and accord staff approval to faculty members who are impartingD.T.Ed. course in the petitioner institution.W.P.No.3852/2008:Writ of Mandamus directing the respondents to permit the 47students admitted by the petitioner institution in the additional intake for the academic year 2006-2007 namely :(1)A. Selva Rani (2)S. Aji,(3)M. Vanitha(4)A. Kalaiarasi(5)G. Merlin Vinisha,(6)D. Merlin Sheeba(7)T. Arockia Selvi(8)P. Sangeetha(9)R. Nagapriya(10)G. Ajitha(11)S. Amutha(12)V. Usha(13)V. Sumathi(14)Laly S. Soniya(15)S. Jesima(16)S. Jeen Prabha(17)C. Selvendran(18)M. Selva Rani(19)M. Arumugam(20)K. Anandha kumar(21)R. Meegal Roobavathi(22)K. Muthukrishnan(23)T. Anandha Pandian(24)Y. Mary Vijila(25)P. Kavitha(26)D. Mabel Florance(27)S. Seeja(28)T. Pushpa Latha(29)F. Sheiry Fathima(30)L. Mary jothe(31)A. Charles Kumar(32)A. Mary Subitha(33)P. Latha https://hcservices.ecourts.gov.in/hcservices/ (34)P. Mary Lizzy(35)M. R. Radika(36)T. Seetha(37)R. Amuthu(38)T. Radha(39)J. R. Gadlin Jewel(40)A. Uma Maheswari(41)G. Viji(42)J. Shakila(43)G. Rajesh(44)M. Nishamaline(45)M. Rajaram (46)G. Ashok kumar and(47) M. Karpagavalli to writ their forthcoming 1st year examination to be held from 18th to 20thFebruary or any other subsequent date for the academic year 2006-2007WP.No.3893 of 2008Writ of mandamus directing the respondents to permit the additionalin take students admitted in the petitioner institution for the academicyear 2006-2007 to take up their 1st year exams as scheduled by therespondents.WP.No.3894/2008Writ of mandamus directing the respondents to permit the studentsadmitted in the petitioner institution for the academic year 2006-2007to take up their 1st year exams as scheduled by the respondents.WP.No.3896/2008Writ of mandamus directing the respondents to permit the studentsadmitted in the petitioner institution for the academic year 2006-2007to take up their 1st year exams as scheduled by the respondents.WP No.4064 of 2008Writ of Mandamus Directing the respondents to permit the studentsadmitted in the petitioner institution for the academic year 2006-2007to take up their 1st year exams as scheduled by the respondents.WP No.4148 of 2008Writ of Mandamus directing the first respondent to approve thestaff list of a Principal and 5 Lecturers, submitted by the petitionerinstitute on 09.03.2007 and consequently approve the admission of 50students at D.T.Ed. Course made by the petitioner institute for the https://hcservices.ecourts.gov.in/hcservices/ academic year 2006-2007 so as to enable them to sit for first and secondyear examination.WP No.5633 of 2008 :Writ of Mandamus to call for the entire records pertaining to orderpassed by the 1st respondent in Na.Ka.No.13907/E1/2007 dated 13/2/2008and quash the same as illegal and consequently direct the respondents togrant staff approval to the petitioner institution viz. Luise JameTeacher Training Institute from the acadamic Year 2006-2007 foradditional intake.For State: Mr. N Kannadasan, Addl. Advocate General, Assisted by Mr. G. Sankaran, Spl. Govt. Pleader (Education).For N.C.T.E.: Mr. K. Ramakrishna Reddy, Senior Standing Counsel, Assisted by Mr. P.R. Gopinath.For T.T.Is.: Mr. N.R. Chandran, Senior Counsel for Mr. R. Suresh Kumar Mr. K.M. Vijayan, Senior Counsel for Mr. E. Vijay Anand Mr. C. Selvaraju, Senior Counsel for Mr. N.M. Hidayathullah Khan Mr. R. Muthukumarasamy, Senior Counsel for Mr. V. Anantha Natarajan and for Mr. K.G. Senthil Kumar Mr. V. Sudhakar Mr. V. Selvaraj Senior Counsel for M/s. C.Robert Bruce & S.Bharathi Rajan Mr. N. Muralikumaran Mr. B. Rabu Manohar J U D G M E N TPrabha Sridevan, J.In view of our decision in Writ Appeal Nos.137 of 2008 etc. batchwhere we have held that the staff list submitted by the respective TTIsshall be considered in accordance with the NCTE Regulations and the cut-off dates and appropriate orders hall be passed, the following order ispassed. https://hcservices.ecourts.gov.in/hcservices/ We have grouped the writ petitions filed by the TTIs under twogroups. Under the first group, where the rejection of the staff listis unsustainable, we have allowed the writ petitions and therefore, theresults of the students can be declared. Under the second group, we have directed the respondents toconsider and pass orders on the staff list submitted by the petitioner-institutes and if the staff list is accepted, then the admission of thestudents in the respective institutes and the examinations written bythem will also be in accordance with the rules and the results of thestudents shall, therefore, be declared.The third group is one where there is grievous error in thestaff list submitted by the individual petitioner-institutes and thewrit petitions will be dismissed. However, it would be open to therespondents to consider the submission of the staff list by thepetitioners for the next academic year, i.e. 2008-2009.W.P. No.3808 of 2008 : In this case, the petitioner hadspecifically requested that its case be considered in accordance withAppendix-II of the NCTE Regulations. One of the lecturers whose namewas included in the staff list submitted by the petitioner had beenreplaced. Hence, the staff list was not complete when it was submittedto the respondents. The writ petition is, therefore, disposed of,directing the respondents to consider the representation of thepetitioner for the year 2008-2009 and pass appropriate orders.Consequently, M.P. No.1 of 2008 is closed.W.P. No.3893 of 2008 : This writ petition stands closed in view ofthe fact that for the same academic year, in W.P. No.2099 of 2008,orders have been passed on 6.2.2008 with a direction to the respondentsto consider afresh the staff list submitted by the petitioner.Consequently, M.P. No.1 of 2008 is closed.W.P. No.3894 of 2008 : It is seen that the two lecturers inquestion were appointed before the cut-off date and relieving ordershave also been issued and therefore, we are not inclined to uphold therejection which is purely technical. The writ petition is allowed asprayed for. Consequently, M.P. No.1 of 2008 is closed.W.P. No.3896 of 2008 : In this case, already an order has beenpassed in favour of the petitioner in W.P. No.112 of 2008 with regard tothe same defect. Therefore, the writ petition is disposed of, directingthe respondents to consider the staff list submitted by the petitionerand pass appropriate orders within four weeks and depending on theoutcome, the results of the students will be declared. Consequently,M.P. No.1 of 2008 is closed. https://hcservices.ecourts.gov.in/hcservices/ W.P. No.4064 of 2008 : In this case also, the respondents weredirected to approve the staff list by order dated 5.2.2008. Dependingon the decision taken by the respondents, the results of the students inrespect of this petitioner-institute will be declared. The writpetition is accordingly closed. Consequently, M.P. No.1 of 2008 is alsoclosed.W.P. No.3173 of 2008 : In this case, it is evident that the presentteachers in the staff list were appointed long after the cut-off date.The writ petition is, therefore, dismissed. The staff list submitted bythe petitioner may be considered for the next year. Consequently, M.P.Nos.2 and 3 of 2008 are closed.W.P. No.3599 of 2008 : In this case, the petitioner-institute hassubmitted a staff list containing more number of teachers than requiredfor the intake at present as per the present Regulations. One of thereasons for rejection is that the experience certificate of one Sekarwas found to be not genuine. Even if this name is excluded, the numberof lecturers satisfies the NCTE Regulations and an undertaking is givenon behalf of the petitioner that Sekar will not be appointed. The writpetition is disposed of, subject to the undertaking given by thepetitioner, and the staff list submitted by the petitioner shall beconsidered and orders passed, and if the orders are in favour of thepetitioner, the results of the students will be declared. Consequently,M.P. No.2 of 2008 is closed.W.P. No.4148 of 2008 : In this case, in consideration of therecords produced in the typed set of papers, the respondents shall treatthe list submitted as one submitted within time. A personal hearingshall be given to the petitioner and thereafter, orders will be passed,subject to which the results of the students will be declared. The writpetition stands disposed of accordingly. Consequently, M.P. No.1 of2008 is closed.W.P. No.3295 of 2008 : In this case, it is evident that thelecturers whose names find place in the present staff list have beenappointed beyond the cut-off date. Therefore, the writ petition isdismissed. Their case for inclusion in the present academic year cannotbe closed, but it may be considered in the next academic year.Consequently, M.P. Nos.2 and 3 of 2008 are closed.W.P. No.3791 of 2008 : In this case, admittedly, the recognitiongranted by the NCTE was only on 25.9.2007, i.e. after the cut-off dateof 20.6.2006, for the academic year 2007-2008. In these circumstances,the writ petition is disposed of, directing the respondents to considerit for the subsequent academic year. Consequently, M.P. No.2 of 2008is closed. https://hcservices.ecourts.gov.in/hcservices/ W.P. No.3852 of 2008 : In this case, the petitioner requests thatits case may be considered in accordance with Appendix-II Regulations ofthe year 2007 alone. The writ petition is disposed of, directing therespondents to consider the petitioner's staff list in accordance withAppendix-II and pass appropriate orders.W.P. No.5633 of 2008 : In view of the orders passed in W.P. No.3852of 2008, no orders are required in this writ petition and the writpetition stands accordingly closed. Consequently, M.P. No.1 of 2008 isclosed. Sd/Asst.Registrar/true copy/Sub Asst.RegistrarabTo1. The Director, D.T.E.R.T,O/o. Director of Public Instrution,College Road, Chennai - 062. The Director,Directorate Government Examination,D.P.I, Campus, College Road,Chennai -06.3. The Principal,District Institute of Education & Training,Pudukotai & District.4. The National Coucil for Teacher Education,Sothern Regional Committee,CSD Building, HMT Post,Bangalore - 560031.5. The Principal,District Institute & Research Training,Theroor, Kanyakumari District, https://hcservices.ecourts.gov.in/hcservices/

6. The Principal,District Institute of Education & Training,Vanaranulli, Tuticorin District.1 cc To Mr.R.Sureshkumar & V.Balaji, Advocate, SR.18999.1 cc To Mr.K.Ramakrishna Reddy, Advocate, SR.19054.1 cc To Mr.C.Robert Bruce, Advocate, SR.19171.4 cc To Mr.E.Vijayanand, Advocate, SR.19194, 19192, 19193, 19195.1 cc To Mr.M.Hidayathullah Khan, Advocate, SR.19452.W.Ps.3173, 3295, 3599, 3791, 3808, 3852, 3893, 3894, 3896, 4064, 4148 and 5633 of 2008 SJ(CO)TYPED AND COMPARED BY KM, KK, GKG, SR, JJM, RVL 12.06.2008