Akathiyar Teachers Training Institute v. The Director of Teacher Education,Research and Training,College Road,Chennai – 600 006

IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 15-07-2009CORAMTHE HONOURABLE MR.JUSTICE M.JAICHANDRENWrit Petition No.12420 of 2009 &M.P.No.1 of 2009Akathiyar Teachers Training Institute,Run by Arulmigu Ayyanar Educational Trust,Rep.by its Chairman,Mr.C.Vijayasundaram,Keelathur, L.N.Puram,Anavayal (PO),Alangudi (TK),Pudukkottai-622304...... PetitionerVersus1.The Director of Teacher Education,Research and Training,College Road,Chennai – 600 006.2. The Principal, District Institute of Education and Training, Pudukkottai.3. The Regional Director, National Council for teacher Education, Southern Regional Committee, HMT Post, Jalahalli, Bangalore-560031. .....Respondents. (R3 impleaded as per order dt. 09.07.2009) in M.P.No.2/09 in W.P.NO.12420/09Prayer: Petition filed seeking for a writ of Mandamus directing therespondents to include the petitioner institute in the list ofinstitues for Counselling for the academic year 2009-10, to sponsorstudents under single window system and consequently direct therespondents to sponsor 25 students under single window system to thepetitioner institute so as to enable the petitioner institute tocomplete the admission under management quota before the cut off datei.e.31.07.2009. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.Hidayathulla KhanFor Respondents : Ms.Dhakshayani Reddy Government Advocate.O R D E RHeard the learned counsel appearing for the petitioner and thelearned counsel appearing for the respondents.2. It has been submitted that the petitioner Institute is beingrun by Arulmigu Ayyanar Educational Trust for the benefit of aspiringstudents in the locality, with the prime object of offering qualityeducation in the Teaching profession. The petitioner institute hadapplied for the grant of recognition for two years D.T.Ed., coursebefore the National Council for Teacher Education-Southern RegionalCommittee (in short NCTE-SRC), on 02.01.2007, with an annual intakeof 50 students from the academic year 2006-2007. On the basis ofinfrastructural and instructional facilities provided by thepetitioner Institute and on the basis of the report of the visitingteam, the petitioner Institute was granted with a conditional orderof recognition, on 11.09.2007, under Clause 7(11) of the NationalCouncil for Teacher Education (Recognition, Norms and Procedure)Regulations, 2005. Thereafter, an unconditional order of recognitionwas granted on 11.12.2007, as per clause 7(12) of the NationalCouncil for Teacher Education (Recognition, Norms and Procedure)Regulations, 2005. 3. It has been submitted that even though the petitioner hadapplied for the grant of recognition from the academic year 2006-2007, due to belated recognition, the petitioner was able to commencethe course only from the academic year 2008-09. Thereafter, aninspection had been conducted by the second respondent and he wassatisfied with the infrastructural and instructional facilitiesprovided by the petitioner Institute. Consequently, the firstrespondent ought to have granted staff approval and affiliation asper the National Council for Teacher Education (Recognition, Normsand Procedure) Regulations, 2005, on or before 20.06.2008. However,it was not done within the said stipulated time. The petitioner hadfurther submitted that the only reason for deferring the grant ofaffiliation is that the petitioner Institute has asbestos roof for abuilding with 9900 sq.ft. of builtup space. Such an action has beentaken as and no asbestos roofing is allowed, as per Clause 8(10) ofthe National Council for Teacher Education (Regulation Norms andProcedure) Regulations, 2007, dated 27.11.2007. Further, due to thedeferring of the grant of affiliation, the staff list was notapproved by the first respondent. https://hcservices.ecourts.gov.in/hcservices/

4. At this stage of the hearing of the writ petition, anundertaking has been filed by the Chairman of the Trust, who isrunning the petitioner Institute stating that the asbestos roofingwould be replaced by an R.C.C. Roofing, within a period of fivemonths from today. The affidavit of undertaking is as follows:"I, C.Vijayasundaram, S/o, Chinniaya, Hindu aged about60 years residing at No.91/B, VSR Illam, Keeramangalam &Post, Alangudi Taluk, Pudukkottai District, now temporarilycome down to Chennai, do hereby solemnly affirm andsincerely state as follows: 1. I am the Chairman of the Arulmighu AyyanarEducational Trust, running the petitioner institute. I amwell acquainted with the facts of the above writ petitionand filing this affidavit of undertaking.2. I humbly submit that the petitioner institute wasgranted with conditional order of recognition by theproposed respondent viz. National Council for TeacherEducation-Southern Regional Committee (NCTE-SRC) on11.09.2007, on the basis of the infrastructural andinstructional facilities provided by the petitionerinstitute and report of the visiting team, under Clause 7(11) of the National counsel for Teacher Teducation(Recognition Norms and Procedure) Regulations, 2005.Thereafter, an unconditional order of recognition wasgranted on 11.12.2007. As per the said Regulations, the petitioner institute has satisfied thecondition of providing building with permanent structure.In which, about 9900 sq ft was covered with asbestos roof,which has now been objected by the first respondent.3. I humbly submit that in a writ petition filed bythe petitioner in W.P.No.10852/2009, to permit the studentsof the academic year 2008-09 to write their I yearexamination, the petitioner has given an undertaking beforethis Hon'ble Court to replace the roof within a period ofsix months, eventhough the petitioner has filed anaffidavit of undertaking before the NCTE-SRC on23.11.2008,to replace the roof within a period of threeyears. On the basis of the said undertaking, the Hon'bleCourt was pleased to pass an interim order on 19.06.2009.4. I humbly submit that inspite of the saidundertaking given before this Hon'ble Court, the petitionerinstitute was constrained to file the above writ petition https://hcservices.ecourts.gov.in/hcservices/ to sponsor students under single window system for theacademic year 2009-10. Now, the petitioner institute is onthe process of complying with the undertaking given,scrupulously within the time sought for, though largeextent of building. Further, in order to gain theconfidence of the respondents, this affidavit ofundertaking is filed to ensure the respondents that thepetitioner institute will replace the asbestos roof of thepetitioner insitute with R.C.C. Roof or constuct the R.C.C.roofed building, within five months.In these circumstances, it is therefore, prayed thatthe Hon'ble Court may be pleased to accept this Affidavitof Undertaking as part and parcel of the aboveW.P.No.12420/2009; consequently consider the relief soughtfor therein and pass such further or other orders as thisHon'ble Court may deem fit and proper in the circumstancesof the case and thus render justice.Solemly affirmed at Chennai on thisthe 9th day of July 2009 and signed hisBEFORE ME,name in my presence. (Advocate)Chennai"5. In view of the undertaking given by the Chairman of theTrust, the petitioner is permited to admit the students in theD.T.Ed. course for the year 2009-2010, subject to the compliance ofthe undertaking, within the time specified and the grant of approvalby the first respondent would be based on the compliance of suchundertaking. 6. The learned counsel for the respondents had submitted thatthe respondents would sponsor qualifed students, under the singlewindow system, to enable the petitioner Institute to complete theadmission, under the management quota, within a stipulated time.7. In view of the submissions made by the learned counsel forthe petitioner, as well as the learned counsel for the respondentsand in view of the undertaking given by the Chairman of the Trust,the first respondent is directed to consider the approval of thestaff list submitted by the petitioner Institute, within four weeksfrom the date of receipt of the copy of this order. https://hcservices.ecourts.gov.in/hcservices/ The writ petition is disposed of with the above directions. Nocosts. Consequently connected M.P. is also closed. Sd/- Asst.Registrar/true copy/ Sub Asst.RegistrararrTo1.The Director of Teacher Education, Research and Training, College Road, Chennai – 600 006.2.The Principal, District Institute of Education and Training, Pudukkottai.3.The Regional Director, National Council for teacher Education, Southern Regional Committee, HMT Post, Jalahalli, Bangalore-560031+1 cc to Mr.M.T.Arunan, Advocate, SR.No.31296+1 cc to Mr.M.Hidayathulla Khan, Advocate, SR.No.311791 cc To The Government Pleader, SR.31451Writ Petition No.12420 of 2009GV {CO}TP/16.7.2009.