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2015 DIGILAW 954 (MAD)

Tamil Nadu Teacher Education University, Rep. By its Registrar, Lady Wellington College Campus, Kamarajar Salai, Chennai v. Adhiparasakthi College of Education, Rep. By its Principal, Vellore

2015-02-17

M.VENUGOPAL, SATISH K.AGNIHOTRI

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Judgment :- Satish K. Agnihotri, J. 1. The intra-Court appeals arise from the common order dated 24.3.2014 passed in W.P. Nos.31286, 31261, 32954, 32955, 33080, 34223 and 34436 of 2013. 2. W.P. Nos.12316, 13186, 13307 and 13780 of 2014 are filed seeking a direction to the respondent-University to permit the students to write M.Ed. Degree examinations and to issue certificates. 3. The issue involved in both the writ appeals and the writ petitions being common, all these cases are being considered and decided by this common judgment. 4. For the sake of brevity and clarity, the parties are referred to as per their rank in the writ appeals. 5. The facts in nutshell leading to the filing of the instant appeals are that the first respondent/educational institutions were initially granted recognition by the National Council for Teacher Education (for short “the NCTE” ) to conduct one year B.Ed. Course. Subsequently, the NCTE also granted recognition to conduct M.Ed. Course. After the Tamil Nadu Teacher Education University came into existence in 2008, the above educational institutions were provisionally affiliated with that University from the academic year 2008-09 and they subsequently applied for extension from the academic year 2012-13 and the same was accepted. Thereafter, they obtained approval for additional intake in the M.Ed. Course from the academic year 2010-11 to admit 35 students. Initially, there were no regulations framed under the National Council for Teacher Education Act (for short “the NCTE Act”) for getting accreditation from the National Assessment and Accreditation Council (for short “NAAC”). But, subsequently, the National Council for Teacher Education (Recognition norms and Procedure) Regulations, 2009 (for short “the Regulations, 2009) were framed and Regulation 8(5) requires all the institutions which have been granted additional intake in B.Ed. or M.Ed. Course should get NAAC accreditation with at least a letter grade ''B'' on or before 1.4.2010 and 1.4.2012 respectively, failing which, the recognition granted by the NCTE would stand withdrawn with effect from the academic year 2010-11 and 2012-13 respectively. In view of the said requirement, all the institutions should have submitted applications through on-line on or before 1.4.2012. As the On-line system of NAAC was not in operation from 1.1.2012 until the second week of August 2012, the institutions were unable to submit applications through on-line to the NAAC for accreditation. Out of 7 institutions, 4 institutions have obtained “B” Grade in the year 2014. As the On-line system of NAAC was not in operation from 1.1.2012 until the second week of August 2012, the institutions were unable to submit applications through on-line to the NAAC for accreditation. Out of 7 institutions, 4 institutions have obtained “B” Grade in the year 2014. In such circumstances, the Tamil Nadu Teachers Education University sent a communication directing the respondents-institutions not to admit students for the academic year 2012-2013 for M.Ed. Degree Course on the ground that the institutions did not obtain NAAC accreditation before the cut off date i.e., 1.4.2012. There against, the first respondent/institutions filed writ petitions. 6. Earlier, similarly placed institutions approached this Court by filing W.P.Nos. 23392 of 2012 batch, seeking to quash the communications issued by the respondent University, wherein, the learned single Judge allowed the writ petitions by quashing the communications impugned therein and made it clear that when the NCTE had already granted recognition followed by the affiliation granted by the Universities and the communication dated 13.7.2012 issued by the NCTE advising the affiliating Universities that action need not be taken for withdrawal of affiliation in respect of the institutions, whose applications for accreditation are pending with the NAAC, the question of withdrawing the recognition on the ground that the institutions failed to get accreditation from the NAAC, is not acceptable. In view of the communication sent by the NCTE and also following the above said order passed in W.P. Nos. 23392 of 2012, etc. batch, the present writ petitions filed by the institutions were allowed. 7. Challenging the same, the present writ appeals are filed by the appellant University on the ground that NCTE has granted recognition under Clause 7(11) of NCTE Regulations, 2009, subject to fulfilment of all such other requirements as may be prescribed by other regulatory bodies like University Grants Commission, affiliating University body, the State Government etc., as applicable and that the University has granted affiliation to offer M.Ed. Degree course with 25 students from the academic year 2009-2010 and therefore, the institutions shall submit the application with prescribed fees for continuation of provisional affiliation on or before 31st December of the third academic year. When the institutions failed to do so, they are not entitled to approach this Court. W.P. Nos.12316, 13186, 13307 and 13780 of 2014: 8. Degree course with 25 students from the academic year 2009-2010 and therefore, the institutions shall submit the application with prescribed fees for continuation of provisional affiliation on or before 31st December of the third academic year. When the institutions failed to do so, they are not entitled to approach this Court. W.P. Nos.12316, 13186, 13307 and 13780 of 2014: 8. These petitions were filed seeking a direction to the respondent /University to permit the students to write the M.Ed. Degree Examinations on the ground that the writ petitioners/institutions were granted recognition and affiliated to different Universities and after establishment of Tamil Nadu Teacher Education University, they got affiliation with Tamil Nadu Teacher Education University. In the year 2008, recognition was granted to conduct M.Ed. Degree course. Though the National Council for Teacher Education did not require accreditation from the NAAC, subsequently, the National Council of Teacher Education (Recognition norms and Procedure) Regulations, 2009 requires accreditation with at least a letter grade ''B'' on or before 1.4.2012, failing which, the recognition granted by the NCTE would stand withdrawn with effect from the academic year 2012-13. The applications seeking accreditation is pending before the NAAC. Therefore, the respondent/ University to be directed to permit the students to write the M.Ed. Degree Examinations and to issue the certificates. 9. The question that arises for our consideration is as to whether in the facts situation of the cases, the appellant University was right in declining permission to conduct M.Ed. degree course for the year 2013-2014 on account of non grant of accreditation by the NAAC to the writ petitioner Colleges. 10. Indisputably, the requirement of grant of 'B' Grade accreditation by the NAAC after 1.4.2010 for additional intake in M.D. Course was mandatory. It is also not in dispute that the writ petitioners /institutions were required to make applications through online format on or before 1.4.2012 to NAAC for accreditation. The NAAC has admitted that online system of NAAC was not in operation from 1.1.2012 until the second week of August, 2012. Thus, the writ petitioners institutions were not in a position to make format applications through online. The NAAC has admitted that online system of NAAC was not in operation from 1.1.2012 until the second week of August, 2012. Thus, the writ petitioners institutions were not in a position to make format applications through online. Recognising the problems faced by the NAAC, the respondent NCTE, by communication dated 13.7.2012, advised all the universities, including the appellant university from not taking any action for withdrawal of additional intake / recognition in respect of all cases, wherein applications were pending consideration before the NAAC. 11. We are informed that all writ petitioners institutions, except K.S.K.College of Education, Grace College of Education and Annai College of Education, have been granted “B” Grade accreditation, subsequently as required on the applications made by them prior to the cut-off date for making applications. In respect of other colleges, i.e., K.S.K.College of Education, Grace College of Education and Annai College of Education, the applications, which were made earlier in 2012 before the cut-off date, are still pending consideration. In that event and also having regard to the communication dated 13.7.2012 and 17.7.2012, the learned Single Judge has rightly come to the conclusion that the writ petitioners institutions were entitled to permission for academic year 2013-2014. It transpires that students admitted to the course in the said session were permitted to write the examination and their results are awaited. 12. The next contention of the learned counsel for the appellant University that accreditation granted by the NAAC is prospective, does not merit acceptance as the accreditation granted does not indicate that the same was firstly prospective and secondly, accreditation was sought on the basis of applications made earlier for the academic session 2012-2013. Thus, the accreditation ought to be treated as accreditation for the relevant year for which applications were made. 13. Resultantly, we do not find any error, irregularity or illegality in the impugned order passed by the learned Single Judge. Thus, all the writ appeals are dismissed. No costs. Consequently connected miscellaneous petitions are closed. 14. In view of the fore goings, all the writ petitions are allowed. The university is directed to declare the results and issue certificates accordingly. No costs. Consequently connected miscellaneous petitions are closed.