Students Are Not At Fault: Madras HC Orders Special Exams To Be Conducted For Students Admitted When College Did Not Have Recognition
A Madras High Court Bench of Justice SS Sundar and Justice Bharatha Chakravarthy has directed the Tamil Nadu Teachers Education University to conduct special exams for the students of a college who were admitted in the academic year 2021-2022, when the college did not have recognition.
In that context, it was said that, "Considering the facts that the students are not at fault and the withdrawal of recognition was later set aside and later on remand continuation of recognition was directed by the NCTE, this Court finds that the students cannot be put to injury. Therefore, the University is directed to conduct a Special Examination for the students who were admitted for the academic year 2021-22 in respect of all the four semesters. The appellant shall bear the entire costs of such examinations. It is open to the University to decide the date and time of examinations and the other procedural aspects. Considering the plights of the students, the University is directed to conduct the examination as early as possible preferably within a period of three months from the date of receipt of a copy of this order and the result shall be declared thereafter within a period of two months."
Counsel S Sivasubramanian and Counsel E Somasundaram appeared for the appellant, while Counsel VR Venkatesan and Counsel S Sukumar appeared for the respondents.
In this case, the High Court was apprised that the College had obtained recognition to conduct a one-year B.Ed. degree course with an annual intake of 100 students in 2006. However, on December 3, 2019, a show cause notice was issued under Section 17 of the National Council for Teacher Education Act. Furthermore, the application for the continuation of provisional affiliation for the academic year 2021-22 was not processed. Additionally, the appellant college's recognition was withdrawn through an order dated March 16, 2021.
The college informed the Court that while an appeal against this order was pending, they admitted students for the academic years 2021-22 and 2022-23. Subsequently, on September 2, 2022, the NCTE issued an order to continue the college's recognition after the matter was remitted back to it by the High Court during the appeal process. Following this decision, the University also granted affiliation to the college.
In light of the same, the Court took the considered view that, "The University has now reported before this Court that after scrutiny of documents submitted by the College, all the 100 students who were admitted to the two year course for the academic year 2021-22 are eligible and no deficiency is noticed by the University. In the said circumstances, we take it that the students are eligible to write the examinations and should be permitted to write the examinations because there is no order withdrawing recognition for 2021-22."
Accordingly, the appeal was allowed. No orders as to costs.
Cause Title: Arulmigu Kalasalingam College of Education vs The Appeal Committee, National Council for Teacher Education & Ors.
Click here to read/download the Judgment
