Research › Search › Judgment

Madras High Court · body

2005 DIGILAW 1829 (MAD)

Kennedy Teacher Training Institute v. The Government of Tamilnadu, Education Dept. , Rep. by its Secretary, Fort St. George & Another

2005-12-02

P.D.DINAKARAN

body2005
Judgment :- (Petition filed under Article 226 of The Constitution of India praying for the issuance of writ of mandamus for the relief as stated therein.) Mr.V.Karthikeyan, learned Additional Government Pleader, takes notice for respondents. 2.1. According to the petitioner, N.K.Charitable Educational Trust has been established with the object of establishing Educational Institutions, more particularly, teacher education within the State of Tamilnadu. Only with that object, the petitioner management made an application for establishment of a teacher training institute to offer a diploma in teacher education course with the National Council of Teacher Education. The NCTE has also granted recognition for the academic session 2005-2006 with an annual intake of 50 students. 2.2. The further case of the petitioner is that since the petitioner institute is recognized by the competent body, the first respondent has to sponsor students for filling up of the seats under the counselling process based on the list of approved institutions issued by the Southern Regional Committee of the National Council for Teacher Education. But the Southern Regional Committee of the NCTE had listed one M/s. Neyveli Teacher Training Institute instead of the petitioner institute vide order dated 18.11.2005. Thereafter on enquiry, the Southern Regional Committee passed the revised order dated 28.11.2005 incorporating the petitioner institution in the list of approved institution. 2.3. Now, the second respondent has commenced the second round of counselling of students for admission based on the list dated 18.11.2005. Hence, the petitioner has come forward with the present writ petition seeking to issue a writ of mandamus to direct the respondents herein to include the name of the petitioner institution in the approved list of institutions for sponsorship of students for the intake of students for the academic year 2005-2006. 3. Hence, the petitioner has come forward with the present writ petition seeking to issue a writ of mandamus to direct the respondents herein to include the name of the petitioner institution in the approved list of institutions for sponsorship of students for the intake of students for the academic year 2005-2006. 3. It could be seen from the order of the NCTE dated 18.11.2005 that it has granted recognition for the petitioner institution for the academic session 2005-2006 subject to fulfillment of certain requirements, the first one of which is as follows:- "1) the institution will ensure that Principal and Five faculty members duly approved by the affiliating authority are in position for an intake of 50 students before commencement of the course and a report to this effect shall be sent to the Southern Regional Committee immediately." But, admittedly, the petitioner, even though has got the recognition for the year 2005-2006, has submitted the list of faculty members for the approval of the Southern Regional Committee only on 28.11.2005. 4. It is clear that the recognition was granted to the petitioner Institute for the year 2005-2006 subject to the approval of faculty members. Further, the petitioner has submitted the list of faculty members to the respondents only on 28.11.2005 for approval. Therefore, the petitioner cannot seek, as a matter of right, a direction to the respondents to sponsor students for the academic year 2005-2006. The course offered by the petitioner is Diploma in Teacher Education and the students, after completion of the said course, are going to teach elementary school pupils. Unless the students are having sufficient knowledge and training, the standard of education in elementary level, which is a basic one, will get spoiled. There cannot be any compromise in the matter of education. As the interest of elementary school children is involved, in the matter of sponsoring students to the petitioner institution, the Court should not be a fait accompli and the court should be slow in interfering with such matters. The mere grant of recognition will not confer any right on the petitioner to seek direction to sponsor students for the academic year 2005-2006 on the basis of recognition, when it has submitted the list of faculty members only on 28.11.2005, as the dispensing with the procedure will ultimately spoil the standard of education. 5. The mere grant of recognition will not confer any right on the petitioner to seek direction to sponsor students for the academic year 2005-2006 on the basis of recognition, when it has submitted the list of faculty members only on 28.11.2005, as the dispensing with the procedure will ultimately spoil the standard of education. 5. In this view of the matter, suffice it to direct the respondents to consider the case of the petitioner Institute to sponsor students under the State counseling for D.T.Ed. Course for the academic year 2006-2007, on approval of the faculty members and in accordance with law. The writ petition is disposed of accordingly. No costs. Connected WP.M.P. is closed.