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Stella Mary Vs. the Director of Teacher Education Research and Training and ors.

Stella Mary vs The Director of Teacher Education Research and Training and ors.

Type Court Judgment Court Chennai Decided Jul 26, 2011
~2 min read
https://sooperkanoon.com/case/920149

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
W.P.(MD)No.10441 of 2005 and W.P(MP)(MD)No.11167 of 2005 and M.P(MD)No.1 of 2009
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Stella Mary

Advocate M/s.G.Prabhu Rajadurai, Adv.

Respondent

The Director of Teacher Education Research and Training and ors.

Advocate Ms.S.Bharathi, Adv.

Excerpt

1. the petitioner prays for issuance of a writ in the nature of certiorari, to quash the order, dated 14.11.2005, vide which the request made by the petitioner for approving the admission of respondent no.3 stands declined. 2. the petitioner,teacher training institute which was allowed to fill up 21 seats for the academic year 2005-2006. in violation of the order of respondent nos.1 and 2, the petitioner admitted 23 students. 3. the stand of the petitioner is that this was done to cover up a seat likely to fall vacant, on the non-joining of selected students. 4. the case of the petitioner further is that the student shown at s.no.15 of the list did not join the course, as also some more persons did not join the course. the respondent no.3 was admitted to the course against available seat. 5. the stand of the petitioner before this court is that inadvertently in the list sent for approval, the name of the third respondent was not mentioned, thereafter a request was made by the petitioner to get the list corrected. the respondents have refused to permit the petitioner to correct the list, thereby, the candidature of respondent no.3 was not approved. 6. this court by way of an interim order allowed the respondent no.3 to continue with the course, which she said to have completed in the year 2007 and also appeared in the examination. 7. keeping in view of the fact there is no fault of the respondent no.3 in joining in the course, and further that she has also completed the course and appeared in the examination, this court does feel the necessity to go into the merit of the controversy, and to settle equities, this writ petition is disposed of, by directing respondents 1 and 2 to declare the result of respondent no.3 and in case, she is successful, to issue necessary certificates. 8. consequently, connected miscellaneous petitions are closed. no costs.

Full Judgment

1. The petitioner prays for issuance of a writ in the nature of certiorari, to quash the order, dated 14.11.2005, vide which the request made by the petitioner for approving the admission of respondent No.3 stands declined.

2. The petitioner,Teacher Training Institute which was allowed to fill up 21 seats for the academic year 2005-2006. In violation of the order of respondent Nos.1 and 2, the petitioner admitted 23 students.

3. The stand of the petitioner is that this was done to cover up a seat likely to fall vacant, on the non-joining of selected students.

4. The case of the petitioner further is that the student shown at S.No.15 of the list did not join the course, as also some more persons did not join the course. The respondent No.3 was admitted to the course against available seat.

5. The stand of the petitioner before this Court is that inadvertently in the list sent for approval, the name of the third respondent was not mentioned, thereafter a request was made by the petitioner to get the list corrected. The respondents have refused to permit the petitioner to correct the list, thereby, the candidature of respondent No.3 was not approved.

6. This Court by way of an interim order allowed the respondent No.3 to continue with the course, which she said to have completed in the year 2007 and also appeared in the examination.

7. Keeping in view of the fact there is no fault of the respondent No.3 in joining in the course, and further that she has also completed the course and appeared in the examination, this Court does feel the necessity to go into the merit of the controversy, and to settle equities, this Writ Petition is disposed of, by directing respondents 1 and 2 to declare the result of respondent No.3 and in case, she is successful, to issue necessary certificates.

8. Consequently, connected Miscellaneous Petitions are closed. No costs.

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