IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29/04/2005
CORAM
THE HON'BLE MR.MARKANDEY KATJU, THE CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE F.M.IBRAHIM KALIFULLA
Review Application No. 40 of 2005
Loordhu Ammal Eduational Trust
rep. by its Seretary,
Chennai-17. ..... Applicant
-Vs-
1. The University of Madras rep. by
its Registrar, Rajaji Salai,
Chepauk, Chennai-5.
2. The Director of Collegiate Education,
College Road, Chennai-6. ..... Respondents
Prayer: Review Application against the order dated 20.4.2005 in
W.A.No.838 of 2005.
!For Applicant :: Mr.R.Krishnamurthi, senior
counsel for Mr.V.Ayyadurai
^For Respondent-1 :: Mr.A.L.Somayaji, senior
counsel for Mr.Rajan.
:O R D E R
(Order of the Court was made by
The Hon’ble Chief Justice.)
This is a review application for reviewing our judgment dated
20.4.2005.
2. Mr.R.Krishnamurthi, learned senior counsel and
Mr.V.Ayyadurai, learned counsel appearing for the review petitioner submitted
that since recognition had been granted to the writ petitioner institution it
was automatically entitled to affil he Madras University in view of section
14(6)(a) of the National Council for Teacher Education Act, 1993 which
states:-
“Every examining body shall, on receipt of the order under sub-section (4),–
(a) grant affiliation to the institution where recognition has been granted.”
3. Learned counsel relied on the Division Bench decision of
this Court in Writ Appeal No.4204 of 2004 etc. batch (Bharatidasan University
v. Dhanalakshmi Srinivasan). We have carefully perused the said judgment.
That case really was concerne question whether no objection certificate was
required from the State Government before affiliation could be granted by the
University. The Bench held it was not required. However, learned counsel for
the review petitioner has relied on some observations made in that judgment
which are as follows:-
“Further the NCTE Act contains adequate provisions as regards granting of
affiliation as automatic one in respect of institutions which have been
granted with recognition by the NCTE.”
4. In our opinion, the word ‘automatic’ used in the aforesaid
judgment should not be treated to mean that the Madras University must blindly
grant affiliation whenever an order of recognition by NCTE under the NCTE Act,
1993 is produced befo oubt section 14(6) says that the examining body, on
receipt of the order under sub-section (4) of section 14, shall grant
affiliation to the institution where recognition has been granted. However,
this does not mean that as soon as an order of recogniti on from the NCTE is
produced before the University it must close its eyes and straightaway grant
affiliation.
5. In our opinion, when a recognition order of NCTE is
produced before the University, the University can make a limited enquiry as
to whether the Regional Committee before granting recognition followed the
provisions of section 14(3)(a) of t, which states:-
“On receipt of an application by the Regional Committee from any
institution under sub-section (1), and after obtaining from the institution
concerned such other particulars as it may consider necessary, it shall–
(a) if it is satisfied that such institution has adequate financial resources,
accommodation, library, qualified staff, laboratory and that it fulfills such
other conditions required for proper functioning of the institution for a
course or training in t eacher education, as may be determined by regulations,
pass an order granting recognition to such institution, subject to such
conditions as may be determined by regulations.”
6. It must be understood that a University is a centre of
higher learning and naturally has to maintain its reputation and it will like
to grant affiliation only to a college which has the proper facilities,
qualified staff, financial resour
7. We make take a hypothetical case. Supposing a college
which does not have the adequate facilities, qualified staff, financial
resources etc., by manipulation or some fraud obtains a recognition
certificate from the NCTE even though the pr er section 14(3)(a) has not been
followed, and then it applies for affiliation to the Madras University, does
this mean that the Madras University must close its eyes and even without
making any enquiry on its own whether section 14(3)(a) was complied wi th must
straightaway grant affiliation? Madras University is a prestigeous univesity
which has produced outstanding scholars who have created a mark all over the
world and we cannot accept the contention that Madras University must blindly
grant affilia tion just because the recognition certificate by NCTE is
produced before it. Of course, if in the limited enquiry as to whether before
granting recognition the Regional Committee had followed the procedure
mentioned in section 14(3)(a) the Madras Univers ity is satisfied that it was
followed then Madras University will have to grant affiliation, but it can
certainly make this limited enquiry before doing so. After all, the degree
which will be granted will be of Madras University.
8. Learned counsel for the review petitioner submitted that
the college concerned has all the facilities which are required. However in
para 6 of its counter affidavit to the writ petition the University has
alleged that out of the 8 teacher aff of the college only one is qualified
while the others are not. We need not go into this controversy, as we are of
the opinion that until affiliation is granted no college can admit students to
a course which leads to a degree of the University. In th e present case the
petitioner-college admitted students although affiliation has not been granted
by the Madras University as yet. In our opinion, this was wholly illegal. We
have already mentioned in our judgment dated 20.4.2005 that if this practice
of admitting students even before affiliation is granted, is countenanced the
result may be that if ultimately affiliation is not granted for some valid
reason the students will be left in the lurch and may lose time and money.
Hence in our opinion no admi ssion can be granted by a college until
affiliation is first granted by the University, and consequently there cannot
be any order of this Court permitting students to appear in the examinations
when the college has not even been granted affiliation.
9. Learned counsel for the review petitioner submitted that
there is deemed affiliation of the college. We do not accept this contention.
There has to be an affiliation in fact and not a deemed affiliation.
10. For the reasons given above, this review petition is
dismissed. No costs.
Internet: Yes.
Index: Yes.
ns.
To
1. The Registrar,
University of Madras,
Rajaji Salai,
Chepauk, Chennai-5.
2. The Director of Collegiate Education,
College Road, Chennai-6.