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2009 DIGILAW 2974 (MAD)

N. Arimarthana Pandian & Others v. State of Tamil Nadu Rep. By The Secretary to Government & Others

2009-08-05

M.JAICHANDREN

body2009
Judgment 1. Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents. 2. It has been stated that the petitioners had studied Diploma in Teacher Training Course, in various Teacher Training Institutes. They had pursued the course in the respective institutions at a time when the institutions had not been de-recognised. Since the petitioners have failed in one or more subjects they have written the arrear examinations. Even though the results of other similarly placed students have been declared, the results of the petitioners have not been declared, so far. In such circumstances, the petitioners have preferred the present writ petition before this Court, under Article 226 of the Constitution of India. 3. The main contention of the learned counsel for the petitioner is that the Ordinance promulgated by the Government of India, on 19. 2006, with regard to the Teacher Training Institutes, would prevail over the order of this Court, dated 24. 1993, made in W.P.No.9494 of 1992. The Government of India has passed the Ordinance only with a view to help the students who had studied in the Teacher Training Institutes, which were de-recognised. Therefore, the non-publication of the results of the petitioners, by the respondents, is arbitrary and illegal. 4. The learned counsel appearing on behalf of the fourth respondent had submitted that only those Teacher Training Institutes, which had the necessary affiliation granted by the Examining Body, namely, the State Government, could apply to the National Council for Teacher Education, under the National Council for Teacher Education (Amendment and Validation) Ordinance, 2006. Since the petitioners had pursued their courses in the various Teacher Training Institutes, which had been de-recognised, in view of the order passed by a Division Bench of this Court, in P.M. Joseph V. State of Tamil Nadu and others (1993 Writ L.R. 604), they are not entitled to the relief’s, as prayed for by them, in the present writ petition. 5. The learned counsel appearing on behalf of the respondents 1 to 3 had submitted that the petitioners had undergone the course in unrecognised Teacher Training Institutes. The management of the Institutes concerned had not obtained the deemed recognition from the National Council for Teacher Education, as provided under Section 18B of the National Council for Teacher Education (Amendment and Validation) Ordinance, 2006. Therefore, the present writ petition, filed by the petitioners, is devoid of merits. 6. The management of the Institutes concerned had not obtained the deemed recognition from the National Council for Teacher Education, as provided under Section 18B of the National Council for Teacher Education (Amendment and Validation) Ordinance, 2006. Therefore, the present writ petition, filed by the petitioners, is devoid of merits. 6. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, this Court is of the considered view that the petitioners have not shown sufficient cause or reason for this Court to grant the relief’s, as prayed for in the present writ petition. It is not the case of the petitioners that the Teacher Training Institutes, in which they had pursued their Diploma in Teacher Training Courses, were having the necessary recognition and the affiliation from the concerned authorities. On the other hand, the petitioners have stated that they have studied in various Teacher Training Institutes which had been de-recognised pursuant to the order passed a Division Bench of this Court in P.M. Joseph V. State of Tamil Nadu and others (1993 Writ L.R. 604). Further, the petitioners have not been in a position to substantiate their claim that they are entitled to get their results declared, in accordance with the provisions of the National Council for Teacher Education (Amendment and Validation) Ordinance, 2006. No reasons have been given by the petitioners for the delay in preferring the present writ petition. As the writ petition is devoid of merits, it stands dismissed. No costs. Consequently, connected writ petition miscellaneous petition is closed.