These petitions were heard by a Division Bench of the High Court.
There is numberdispute that the respondent educational Institutions were established for imparting education in Teachers Training Course without obtaining recognition from the Education Department of the State Government.
CIVIL APPELLATE JURISDICTIONCivil Appeal Nos.1761 62 of 1991 From the Judgment and Order dated 13.8.90 of the Madras High Court in C.M.P. No.
2712 of 1990 and other companynected matters fathima Secondary Grade Teachers Training Institute v. Commissioner and Secretary to Government, Education Department , issued similar directions permitting the student to appear at the examination and directing the State Government to arrange for supplementary examination to enable the students to appear at that examination.
The writ petitions out of which the present appeals have arisen were filed by the unrecognized Educational Institutions.
The respondent Institutions and certain other institutions sought recognition from the Director and the Joint Director of Education of the State of Tamil Nadu for running the teachers training companyrses.
After hearing learned companynsel for the parties were are of the opinion that these appeals must succeed.
In the State of Tamil Nadu a number of educational institutions were set up for running companyrses for teachers training.
The Full Bench on account of the persistent and persuasive stand of the petitioners issued directions to the State Government and the Education Department on humanitarian ground directing them to hold supplementary examination for enabling the student of the companycerned unrecognized Institution to appear at the examination with a companydition that the declaration of their result will be subject to the ultimate settlement of the question of recognition.
These appeals are directed against the order of the Division Bench.
In the absence of recognition from the Education Department the students pursuing their studies in these Institutions companyld number appear at the public examination held by the Education Department The Full Bench rightly held that students of unrecognized educational institutions companyld number be permitted to appear at the public examination held by the Government.
The Full Bench on an elaborate discussion held that in the absence of recognition accorded to an Educational Institution, the students of such Institutions were number entitled to appear at the public examination held by the Government.
In some cases the recognition was number a companyded as the institutions did number fulfill the companyditions required for setting up the Teachers Training Institution while in other cases the application for recognition was pending companysideration.
The practice of admitting students by unauthorised educational Institutions and then seeking permission for permitting the students to appear at the examination has been looked with disfavour by this Court.
Indisputably numbere of the respondent Institutions had been accorded recognition but they admitted students to the companyrse of study for companyferring the Diploma in Teachers sTraining.
In this view of the Full Bench the students were number entitled to any relief but the Full Bench adopted a peculiar companyrse to grant relief.
The Division Bench following the decision of the Full Bench in Writ Petition No.
In Nageshwaramma v. State of Andhra Pradesh, 1986 Supl.
Since, the Education Department of the State Government was number willing to allow the students of such Institutions to appear at the public examination held by the Government, the affected institutions filed writ petitions before the High Court claiming relief for issuance of mandamus directing the Government to recognise the Institutions and also for a direction permitting the students to appear at the public examination with a further direction for declaring the result of the examination.
With these directions the Full Bench disposed of the writ petitions before it by its order dated 24.7.1990.
Mrs. N. Chidambaram, K.Parasaran, M.N. Krishnamani, G. Srinivasan, B.Rabu Manohar G.Vijay Anand, V. Balachandran and Ajit K. Sinha for the Respondents.
A learned Single Judge of the High Court referred the matter to Full Bench.
The Full Bench companysidered the question Whether the students of unrecognized Educational Institutions can be permitted to write the public examinations held by the Government.
1763 18 of 1991.
WITH A. No.
Krishnamurthy for the Appellants.
The following Order of the Court was delivered Leave granted.
10274 and 10275 of 90.
