Judgment · High Court · 2005

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED:20.08.2005CORAM:THE HON’BLE MR.JUSTICE P.SATHASIVAMandTHE HON’BLE MR.JUSTICE AR.RAMALINGAMWrit Appeal No.553 of 2001andWrit Petition No.24594 of 2001andWAMP.No.112 of 2004andWPMP.No.924 of 2004..Writ Appeal No.553 of 2001:Islamaiya Teacher Training Institute(Men & Women)Kadathur Road, KaniyurCoimbatore Districtrep. by its CorrespondentMr. M.Y. Sadiq Ali. .. Appellant(Petitioner)vs.1. State of Tamil Nadu rep. by its Secretary Education Department Fort St. George, Chennai 9.2. The Director of Teacher Education Research and Training Chennai 6.3. A. Kaleemullah4. S. Syed Ibrahim5. P. Jaya Ponchitra6. E. Kalithulla https://hcservices.ecourts.gov.in/hcservices/

#7. T.K. Tamilnenjam8. A. Gandhi9. S. Ravikumar10. H. Mohamed Basheer11. J. Syed Ismain Gani (R.3 to R.11 impleaded as respondents as per order of Court dated 14.08.2002 made in WAMP.No.1893/02)12. The Director of Government Examination, Teacher Education Training Chennai 6. (R.12 impleaded as per order of Court dt.14.08.02 made in WAMP.No.4236/02) ..Respondents Writ Petition No.24594 of 2001:Saithani Bi Teacher TrainingInstitute for 40 Men & 40 WomenThirupatturnow at Avalurpet PostGingee Taluk, Villupuram Districtrep. by its Correspondent: D. Sardar... Petitionervs.1. The State of Tamil Nadu rep. by its Secretary to Government Education Department Fort St. George, Madras 9.2. The Director of Teacher Education Research and Training Chennai 6.3. The Director of Government Examination Teacher Education Training Chennai 6. (R.3 impleaded as per order dt.14.8.02 in WPMP.No.48793 of 2002) .. Respondents https://hcservices.ecourts.gov.in/hcservices/ Writ Appeal filed under Clause 15 of Letter Patent against theorder dated 13.03.2001 in W.P.No.4793 of 2001 on the file of this Court. Writ Petition filed under Article 226 of the Constitution ofIndia praying for the issuance of a writ of Mandamus as stated therein. For appellant / : Mr. K.M. Vijayan, Sr. Counsel petitioner for Mr. A. ChandrasekarFor respondents : Mr. V. Karthikeyan1,2 & 12 in Addl. Govt., Pleader (Edn.) WA.No.553/01 & For respondents in the WP.,..COMMON JUDGMENT(JUDGMENT of the Court was made by P.SATHASIVAM,J.)Since the issue raised and claim made are similar in both thematters, they are being disposed of by the following common judgment.2. Islamaiya Teacher Training Institute (Men & Women) KadathurRoad, Kaniyur, Coimbatore District, aggrieved by the order of the learnedsingle Judge dated 13.03.2001 made in W.P.No.4793 of 2001, has filed WritAppeal No.553 of 2001.3. Saithani Bi Teacher Training Institute for Men & Women, Thirupattur has filed WP.No.24594 of 2001, seeking to issue a writ ofMandamus forbearing the second respondent, Director of Teacher EducationResearch and Training, Chennai 6, from applying the judgment passed bythis Court in W.P.No.13357 of 1989 dated 22.03.1993 and W.P.No.9494 of1992 dated 27.04.1993 and to direct the respondents to grant permanentrecognition on par with other institutions governed under Annexure II inthe order made in WP.13036 of 1993 dated 25.02.1994.4. Heard Mr. K.M. Vijayan, learned senior counsel for theappellant / petitioner and Mr. V. Karthikeyan, learned AdditionalGovernment Pleader for the respondents.5. The claim of the appellant / petitioner in WP.No.4793 of 2001,viz., Islamaiya Teacher Training Institute (Men & Women) is that therespondents have erroneously applied the judgment of this Court inW.P.No.13357 of 1989 dated 22.03.1993 and W.P.No.9494 of 1992 dated27.04.1993 and direction has to be issued to the respondents to grantpermanent recognition on par with other Institutions governed underAnnexure II and WP.No.13036 of 1993 dated 25.02.1994. Similar relief hasbeen prayed by the petitioner in W.P.No.24594 of 2001, viz., Saithani BiTeacher Training Institute for Men & Women, Thirupattur. https://hcservices.ecourts.gov.in/hcservices/

#6. The learned single Judge, in the case of Islamaiya TeacherTraining Institute (Men & Women), after finding that their earlierWP.No.3374 of 1987, challenging the order of refusal to grant recognitionwas dismissed on 07.04.1993 and the same has become final and thepetitioner without filing Review Application, filed WP.No.4793 of 2001claiming benefit of the judgment of Division Bench in W.P.No.13036 of 1993dated 25.02.1994, after a lapse of six years and also taking note of thefact that after introduction of National Council for Teacher EducationAct, the State Government has no authority to grant recognition and isempowered to issue only No Objection Certificate and also finding nomerit, dismissed the writ petition.7. Though Mr. K.M. Vijayan, learned senior counsel has brought toour notice various orders granting temporary recognition, the factremains, those orders were passed by the authorities pursuant to theinterim directions made then and there in the relevant writ petitions. Itis not in dispute that ultimately the writ petitions challenging theorders of refusal to grant recognition have been dismissed. Further, asrightly pointed out by the learned Single Judge, though the appellantclaims that their Institute should be considered as one covered underAnnexure II and not under Annexure III, the fact remains, no reviewapplication praying for clarification of the same has not been filed tillthis date. In view of the fact that their earlier writ petition No.3374of 1987 has been dismissed on merits, the learned Judge cannot be expectedto re-appreciate the merits of the case of the appellant and we are inagreement with the said conclusion.8. Apart from this, as rightly pointed out though the appellantand the petitioner in other Writ Petition are running their respectiveInstitutions, admittedly, no recognition has been granted by the authorityconcerned. Now, in view of National Council for Teacher Education Act, itis not in dispute that the State Government is not the authority to grantrecognition and is empowered only to grant No Objection Certificate, ifthe Institution satisfies / fulfills the requirements. As said earlier, all the orders passed by the Educational Authorities are relating to onlytemporary recognition, subject to the final result in the writ petition.It is not in dispute that the writ petition filed by Islamiya TeacherTraining Institute was dismissed by this Court on 07.04.1993. In such acircumstance, it goes without saying that ultimately the consequentialorder / orders passed on the basis of interim orders would becomeineffective. The learned Additional Government Pleader has also placedthe original file showing the Institutions under Annexure III. It is notin dispute that Annexure III contains the details of Institutions towhich recognition is granted by the Government, pursuant to the directionof the Court and in those cases, the Division Bench dismissed all thewrit petitions upholding the validity of G.O.Ms.No.536. Inasmuch astemporary recognition was granted only in pursuance of the interim order https://hcservices.ecourts.gov.in/hcservices/ of the High Court, the appellant Institution was rightly included inAnnexure III to the judgment in W.P.No.9494 of 1992.9. It is not in dispute that in view of the orders of theDivision Bench in W.P.No.9494 of 1992 dated 27.04.1993, the temporaryrecognition granted to various Teacher Training Institutions, includingthe appellant Institution, viz., Islamaiya Teacher Training Institute (Men& Women) has been cancelled. It is the claim of the appellant that theGovernment Institutions have only functioning thereafter. Subsequently, the National Council for Teacher Education Act,1993 came into force witheffect from 01.07.1995 and the Council has been set up on 17.08.1995. Itis brought to our notice that the appellant Institution, which was nothaving a valid recognition as on 17.08.1995, applied to the StateGovernment for No Objection Certificate for grant of recognition by theNational Council for Teacher Education, to start Teacher TrainingInstitute and the same was rejected on 16.08.1996. Again, the appellantalso made a representation on 12.03.1997 for grant of No ObjectionCertificate and the same was rejected on 23.10.1997. Again, anotherrepresentation was made for No Objection Certificate on 30.11.1998, whichwas also rejected on 10.02.1999. In such a circumstance, as rightlypointed out, the appellant Institution is a de-recognised Institute and itis not a recognised Institute as on 17.08.1995.10. It is highlighted before us by placing relevant records thatthe appellant Institute cannot be treated on par with the Aided TeacherTraining Institutions, included in Annexure II for the reasons, AnnexureII contains only the names of those Institutions which were grantedtemporary recognition long before, after verification of theinfrastructural facilities and fulfillment of the norms at the relevanttime, whereas it is demonstrated before us that the appellant Institutionwas not given recognition on merits based on its representation. Asstated earlier, the appellant got temporary recognition only by virtue ofinterim orders of this Court, vide order dated 15.11.1991 made inWPMP.No.24073 of 1991 in WP.No.3374 of 1987.11. As rightly pointed out by the learned Additional GovernmentPleader, the judgment dated 25.04.1994 of the Division Bench made inW.P.No.13036 of 1993, challenging the continuous functioning of theGovernment Teacher Training Institution and Aided Teacher TrainingInstitutions is not applicable to the appellant's Institution for thereason that the appellant Institution was included only in Annexure III.It is also not in dispute that the judgment dated 25.04.1994 made inWP.No.13036 of 1993, etc., batch covers the Teacher Training Institutionsrun by the Government and recognised Aided Private Teacher TrainingInstitutions. Further, as said earlier, in the absence of any effortseeking for suitable orders in regard to the placement of their Institutein the appropriate Annexure, as rightly contended by the learned https://hcservices.ecourts.gov.in/hcservices/ Additional Government Pleader, the appellant cannot be allowed to say thattheir Institute was wrongly included in Annexure III.12. It is also brought to our notice since the appellantInstitute was not an existing Institute as on 17.08.1995, they appliedfor grant of No Objection Certificate on three occasions and the same wasrejected by the State Government. 13. The analysis of all the above details show that the DivisionBench has rightly included the appellant Institute in Annexure III to thejudgment in WP.No.9494 of 1992 dated 27.043.1993, and derecognised about219 Teacher Training Institutions, including the appellant Institute. Accordingly, as rightly pointed out, the appellant Institute was not anexisting Institution as on 17.08.1995; the writ appeal is liable to bedismissed.14. Though the respondents have not filed counter affidavit inWP.24594 of 2001, in view of similar set of facts and also of the factthat temporary recognition was granted then and there pursuant to theinterim orders of this Court and no order has been passed either by thisCourt or by the Government granting permanent recognition after satisfyingthe requirements relating to infrastructural facilities and also otheraspects, we are of the view that the relief cannot be granted as claimedby the petitioner. Even otherwise, as said in the other case, after theNational Council for Teacher Education Act,1993, came into force, theState Government is not the competent authority to grant recognition andat the most, they can grant only No Objection Certificate.In the light of the above discussion, we do not find any merit inthe writ appeal as well as writ petition. Consequently, the same aredismissed. No costs. In view of dismissal of main cases, connectedmiscellaneous petitions are also dismissed.Sd/-Asst. Registrar./true copy/Sub Asst. Registrar.khTo1. The Secretary State of Tamil Nadu Education Department Fort St. George, Chennai 9.2. The Director of Teacher Education Research and Training Chennai 6. https://hcservices.ecourts.gov.in/hcservices/

#3. The Director of Government Examination, Teacher Education Training Chennai 6.+ 2 CCs to Mr.A. Chandrasekar, Advocate SR NO 35061+ 2 CCs to the Government Pleader SR NO 35105, 35104. WA.No.553/01 & WP.No.24594/01Dated:20.08.2005bv(co)gp/23.8.