CORAMTHE HONOURABLE MR v. The State of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 29-06-2009CORAMTHE HONOURABLE MR.JUSTICE M.JAICHANDRENWrit Petition No.23186 of 2008R.Amirtha Priya.. Petitioner.Versus1.The State of Tamil Nadu,represented by its Secretary,Department of School Education, Fort St. George, Chennai-600 009.2.The Director of Teacher Education,Research and Training,D.P.I. Compound, College Road,Chennai-600 006.3.The Director of Government Examinations,D.P.I. Compound, College Road,Chennai-600 006.4.The Principal,The District Institute of Education & Training, T.Kallupatty, Madurai District.5. The National Council for Teacher Education,Southern Regional Committee,1st Floor, C.S.D.Building, H.M.T.Post,Bangalore-560 031.6.The Principal,TELC Teacher Training Institute (Women),Peraiyur Road, Usilampatti,Madurai District-625 532... Respondents. Prayer: Petition filed under Article 226 of the Constitution of Indiaseeking for a writ of Mandamus, directing the 2nd respondent toapprove the admission of the petitioner in D.T.Ed., Course in the 6th https://hcservices.ecourts.gov.in/hcservices/ Respondent Institute for the year 2003-2004 and consequently, directthe respondents 1 to 4 to permit the petitioner to write the ensuingsecond year D.T.Ed., exam. For Petitioner : Mr.K.SelvarajFor Respondents : Ms.Dakshayani Reddy (R1 to R4) Government Advocate Mr.P.R.Gopinathan (R5)O R D E RHeard the learned counsel appearing for the petitioner and thelearned counsels appearing for the respondents.2. This writ petition has been filed praying for a Writ ofMandamus to direct the second respondent to approve the admission ofthe petitioner in Diploma in Teacher Education Course, in the 6threspondent Institute for the year 2003-2004 and direct therespondents 1 to 4 to permit the petitioner to write the ensuingsecond year Diploma in Teacher Education examinations. 3. It has been stated that the petitioner was admitted in theDiploma in Teacher Education course, in the 6th respondent Institute,for the academic year 2003-2004. The 6th respondent Institute is arecognised Institute aided by the Government of Tamil nadu. On15.9.2003, the petitioner had been admitted in the 6th respondentInstitute to undergo Diploma in Teacher Education course. At the endof the first year, the petitioner was not issued the Hall ticket towrite the First Year Diploma in Teacher Education examinations whichwere scheduled to commence, on 28.7.2004. Along with the petitioner,seven other students were also not allowed to write the examinations.Therefore, they had filed a writ petition in W.P.No.21226 of 2004,praying for a mandamus to direct the respondents to permit them towrite the First Year Diploma in Teacher Education examinations. By anorder, dated 21.7.2004, this Court had issued a direction to therespondents, therein, as prayed for by the petitioner. Accordingly,all the eight students, including the petitioner, had written theFirst Year Diploma in Teacher examinations. However, the respondentsdid not publish the results of the first year examinations. It waslearnt that the sixth respondent Institute had admitted 48 students,under the management quota, for the academic year 2003-2004 andtherefore, the admissions of eight students were beyond the intakecapacity under the management quota, which was only 40 students. https://hcservices.ecourts.gov.in/hcservices/

4. The main contention of the learned counsel for the petitioneris that after the order had been passed by this Court, on 25.7.2004,the second respondent by an order, dated 21.8.2004, had directed the6th respondent Institute to admit only 32 students, under themanagement quota, for the academic year 2004-2005, since the eightstudents, including the petitioner have been admitted in excess ofthe intake capacity, during the year 2003-2004. However, the secondrespondent, who is the approving authority for the Diploma in TeacherCourse had approved the admission of the eight students, includingthe petitioner, by an order, dated 21.8.2004. They had been permittedto undergo the second year course in the 6th respondent Institute.Having completed the second year in Diploma in Teacher Educationcourse during the academic year 2004-2005, they had also paid theexamination fee of Rs.150/-. However, the respondents had not issuedthe hall tickets to the petitioner and the other seven students forwriting the second year Diploma in Teacher Education examinations. Insuch circumstances, the petitioner had filed a writ petition, inW.P.No.23430 of 2006. By an order, dated 11.8.2006, this Court waspleased to grant an order of interim direction directing therespondents to permit the petitioner to write the second year Diplomain Teacher Education examinations. However, the respondents did notissue the hall tickets to the petitioner for writing the second yearexaminations.5. It has also been stated that there has been a dispute betweenthe educational agency of the sixth respondent Institute and theTamil Nadu Evangelical Lutheran Church. A writ petition inW.P.No.24675 of 2005, had been filed before this Court, with regardto the selection of the candidates for admission for the academicyears 2005-2007. Further, the management of the 6th respondentInstitute had also filed a writ appeal, in W.A.No.250 of 2006,challenging the order, dated 5.12.2005, made in W.P.M.P.No.26994 and26995 of 2005, in W.P.No.24675 of 2005 and it is still pending, onthe file of this Court. However, since the petitioner had beenadmitted in the 6th respondent Institute to undergo the Diploma inTeacher Education course for the academic year 2003-2004, and as shehad completed her two year course during the academic year 2004-2005,she is not in way connected with the dispute raised before thisCourt, in W.P.No.24675 of 2005. 6. It has also been submitted that the petitioner had also filedanother writ petition in W.P.No.25048 of 2007, praying for adirection to the respondents therein to permit the petitioner towrite the second year examinations scheduled to be held in the monthof July/August 2007. This Court, by an order, dated 31.8.2007, madein M.P.No.1 of 2007, in W.P.No.25048 of 2007, was pleased to directthe respondents to permit the petitioner to write the second year https://hcservices.ecourts.gov.in/hcservices/ examinations. However, since the earlier writ petition inW.P.No.23430 of 2006 was still pending, on the file of this Court,the petitioner was constrained to withdraw W.P.No.25048 of 2007. Themiscellaneous petition filed by the petitioner in M.P.No.1 of 2008,in W.P.No.23430 of 2006, praying for an interim direction to directthe respondents to permit the petitioner to write the second yearexaminations, commencing from 25.8.2008, was dismissed by this Court,since the writ petition in W.P.No.23430 of 2006 had becomeinfructuous. In such circumstances, the petitioner has preferred thepresent writ petition before this Court, under Article 226 of theConstitution of India.7. Per contra the learned counsel appearing on behalf of therespondents had submitted that the sixth respondent Institute haddeliberately admitted eight candidates, including the petitionerherein, for the academic year 2003-2004, beyond the sanctionedstrength knowing full well that the permitted strength, as per therecommendation granted by the National Council for Teacher Education,was only 80 in number. Further, the 6th respondent Institute was notinclined to adjust the eight candidates within the permitted strengthfor the subsequent academic year despite the clear instructionsissued by the second respondent, on 21.8.2004. It has been furtherstated that the petitioner had filed a number of writ petitions andwrit petition miscellaneous petitions before this Court praying forthe same relief. In spite of several orders passed by this Court,denying the request of the petitioner, the petitioner has filed thepresent writ petition, seeking similar reliefs.8. In view of the submissions made by the learned counselappearing for the petitioner, as well as the respondents, it is clearthat the petitioner has come before this Court, repeatedly, prayingfor the direction to the respondents to permit the petitioner towrite the second year examinations of the Diploma in TeacherEducation course conducted by the sixth respondent Teacher TrainingInstitute, Usilampatti, Madurai District. 9. The writ petition filed by the petitioner in W.P.No.25048 of2007 had been dismissed, by an order of this Court, dated 6.10.2007,as withdrawn. However, nothing is seen from the order to support theclaim of the learned counsel for the petitioner that the writpetition was permitted by this Court to be withdrawn with liberty tofile a fresh writ petition on the same grounds and for the samerelief, nor is there an endorsement made by the counsel to thateffect. In such circumstances, this Court is not inclined to go intothe merits of the case, while dismissing the present writ petition,invoking the principle of res judicata. Accordingly, the writpetition stands dismissed with a cost of Rs.500/- to be paid by thepetitioner to the Tamil Nadu Mediation and Conciliation Centre, High https://hcservices.ecourts.gov.in/hcservices/ Court, Chennai, within a period of four weeks from today. Post the writ petition on 29-07-2009, under the caption `forreporting compliance'.Sd/- Asst.Registrar/True Copy/ Sub.Asst.RegistrarcshTo1. The Secretary to Government,State of Tamil Nadu,Department of School Education, Fort St. George, Chennai-600 009.2.The Director of Teacher Education,Research and Training,D.P.I. Compound, College Road,Chennai-600 006.3.The Director of Government Examinations,D.P.I. Compound, College Road,Chennai-600 006.4.The Principal,The District Institute of Education & Training, T.Kallupatty, Madurai District.5. The National Council for Teacher Education,Southern Regional Committee,1st Floor, C.S.D.Building, H.M.T.Post,Bangalore-560 031.6.The Principal,TELC Teacher Training Institute (Women),Peraiyur Road, Usilampatti,Madurai District-625 532.Copy to : The Section Officer,Writ Section, High Court, Madras.+ 1 cc to Government Pleader,SR.26994+ 1 cc to Mr.K.Selvaraj,Advocate,SR.27026Writ Petition No.23186 of 2008CKN(CO)EM/21.7.09