✦ High Court of India · 16 Oct 2025

High Court · 2025

Case Details High Court of India · 16 Oct 2025
Court
High Court of India
Decided
16 Oct 2025
Bench
Not available
Length
1,263 words

Acts & Sections

W.P(MD)No.23055 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 16.10.2025CORAMTHE HONOURABLE MS.JUSTICE P.T.ASHAWrit Petition(MD)No.23055 of 2025and W.M.P(MD).No.18114 of 2025P.S.R.College of Educationrep., by its PrincipalJ.Suresh ... Petitioner Vs1.The National Council for Teacher Education, rep., by its Member Secretary, Hans Bhawan Wing II, 1, Bahadur Shah Zafar Marg, New Delhi 110 002.2.The Regional Director, Southern Regional Committee, National Council for Teacher Education, G-7, Sector-10, Dwarka, Near Metro Station, New Delhi -110 075.3.The Registrar, The Tamil Nadu Teacher Education University, Gangaiamman Kovil Street, Karapakkam, Chennai 600 097. ... Respondents1/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.23055 of 2025Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent in F.No.NCTE/SRC/SRCAPP1908/M.Ed./467th Mtg./TN/2025/151704 151707 dated 31.07.2025 and quash the same insofar as commencement of 1 unit of 50 students of M.Ed course from the Academic year 2026-2027 and consequently direct the respondents 1 and 2 to grant modified recognition order for conducting 1 unit of 50 students of M.Ed course from the present academic session 2025-26 in place of the academic session 2026-27 already granted by the first respondent and direct the third respondent university to grant affiliation to the petitioner institution for conducting 1 Unit Each of 50 students of M.Ed course from the present academic session 2025-26 and permit the petitioner institution to commence the said course from the present academic session 2025-26.(prayer was amended vide order dated 15.09.2025 in W.M.P(MD).No.19746 of 2025 in W.P(MD).No.23055 of 2025) For Petitioner : Mr.N.K.Ponraj For Respondent : Mr.R.Gowri Shankar NCTE Panel counsel for R1 & R2 No appearance for R3ORDERThis writ petition is filed challenging the order of the second respondent dated 31.07.2025 as illegal insofar as commencement of 1 unit of 50 students of 2/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.23055 of 2025M.Ed., course from the Academic year 2026-2027 and consequential direction to the respondents 1 and 2 to grant modified recognition order for conducting 1 unit of 50 students of M.Ed course from the present academic session 2025-26 in place of the academic session 2026-27 already granted by the first respondent and direct the third respondent university to grant affiliation to the petitioner institution for conducting 1 Unit Each of 50 students of M.Ed course from the present academic session 2025-26 and permit the petitioner institution to commence the said course from the present academic session 2025-26.2.The petitioner Institute is a B.Ed., Institution running from the year 2007. The petitioner Management is also running various educational Institutions. The petitioner Institution has made an application to the Southern Regional Committee (SRC) of National Council for Teacher Education, Bengaluru, for grant of recognition for M.Ed., Course during the academic year 2013-14 on 27.12.2012 and submitted all necessary documents. However, the SRC passed a resolution to reject the application of the petitioner. Thereby, the petitioner filed a writ petition in W.P.(MD)No.5093 of 2022 and this Court by order dated 23.03.2022 directed the petitioner to submit the fresh application and the authorities concerned to consider the said representation. Pursuant 3/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.23055 of 2025thereof, the second respondent considered the application of the petitioner and rejected the same by order dated 15.02.2024. The said order was put to challenge in W.P.(MD)No.6103 of 2024 and this Court by an order dated 14.06.2024 allowed the writ petition and remanded the matter for fresh consideration.3.Thereafter, the National Council for Teachers Education by considering the submissions made by the petitioner, has granted final approval and recognition to the petitioner Institution on 31.07.2025 to commence M.Ed., course, however, only from the academic year 2026-2027. Aggrieved by the same, the petitioner has filed the present writ petition.4.The learned counsel for the petitioner submitted the petitioner Institution has submitted the application seeking approval for commencing M.Ed., course in the petitioner Institution even as early as in the year 2012. Initially, the application of the petitioner was rejected pointing out some minor irregularities even without putting the petitioner on notice. After a long battle, in the year 2024, the petitioner was asked to submit its objections. The petitioner Institution has also submitted its objections in the month of July, 4/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.23055 of 20252024. The said reply was considered by NCTE only in the month of March, 2025 and thereafter, approval was granted in the month of July, 2025, that too for the next academic year.5.The learned counsel for the petitioner further submits that the petitioner Institution had complied with all the directions of the respondents herein without causing any delay. Even thereafter, the respondents have granted the approval in the month of July, 2025 that too for the academic year 2026-27 instead of the academic year 2025-26. The respondents failed to consider the fact that M.Ed., course is yet to be commenced in the colleges of State of Tamil Nadu as the results for B.Ed., Course is not yet declared. Thereby, the petitioner seeks a direction to the respondents to modify the recognition for conducting one unit of 50 students of M.Ed., Course from the academic year 2025-26. 6.Per contra, the learned counsel for the first and second respondents submits that the initial application filed by the petitioner was rejected in the year 2012 on merits. The petitioner Institution sought to re-consider the said rejection order only in the year 2022 by way of filing writ petition. Further, the 5/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.23055 of 2025application of the petitioner was rejected by the authorities by way of reasoned order as the petitioner failed to submit the necessary documents in time. He would further submit that the second respondent has rightly granted permission to the petitioner Institution to conduct M.Ed. Course on 31.07.2025 with prospective effect. However, the petitioner seeks retrospective effect and the same is not permissible. 7.Heard the learned counsel on both sides and perused the materials placed on record.8.The facts in the present case are not disputed. Admittedly, the petitioner's initial application for grant of recognition to M.Ed., Course was rejected even in the year 2013. The petitioner had again sought for recognition in the year 2022. The petitioner submitted his reply to the second respondent in the month of July, 2024 to the show cause notice issued by the second respondent. However, the said reply was considered only in March, 2025 and the approval and recognition was granted to the petitioner Institution only in July, 2025.6/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.23055 of 20259.In the light of the above observations, it is clear that the delay is only on the part of the second respondent in considering the request of the petitioner. Having delayed the proceedings on the petitioner's request, the second respondent cannot fasten the same upon the petitioner and grant approval for the subsequent year.10.Accordingly, this writ petition is allowed and the order passed by second respondent dated 31.07.2025 is hereby set aside. The respondent concerned shall provide provisional recognition for the current year ie., 2025-26. Such recognition shall be effected within a period of two weeks from the date of receipt of a copy of this order. The petitioner Institution shall be permitted to conduct counselling for the academic year 2025-2026. No costs. Consequently, connected miscellaneous petition is closed. 16.10.2025NCC : Yes/NoIndex : Yes/NoInternet:YesRmk7/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.23055 of 2025To1.The National Council for Teacher Education, rep., by its Member Secretary, Hans Bhawan Wing II, 1, Bahadur Shah Zafar Marg, New Delhi 110 002.2.The Regional Director, Southern Regional Committee, National Council for Teacher Education, G-7, Sector-10, Dwarka, Near Metro Station, New Delhi -110 075.3.The Registrar, The Tamil Nadu Teacher Education University, Gangaiamman Kovil Street, Karapakkam, Chennai 600 097.8/9 https://www.mhc.tn.gov.in/judis W.P(MD)No.23055 of 2025P.T.ASHA, J. Rmk Writ Petition(MD)No.23055 of 2025 16.10.20259/9

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