IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 08-06-2009
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
Writ Petition No.9257 of 2009
and
M.P.No.1 of 2009
D.Jakulin Sakila ...Petitioner.
Versus
1. The Director of Teacher Education,
Research and Training
College Road, Chennai.6.
2. The Director of Government
Examinations,
College Road, Chennai.6.
3. The Principal,
District Institute of
Education & Training,
Aduthurai,Tanjore District.
4. Haji S.M.S.shaik Jalaluddin
Teacher Training Institute,
rep. By its Correspondent,
S.Mohammed Mohideen .. Respondents.
Prayer: This Writ petition filed under Article 226 of Constitution of India praying for the issuance of a writ of mandamus directing the 2nd and 3rd respondents to approve the admission of the petitioner, who is under going the first year D.T.Ed., course for the academic year 2008-09 in the 4th respondent Institution, pursuant to her representation dated 25.09.2008 addressed to the 3rd respondent forwarded to the 2nd respondent.
For Petitioner : Mr.Rabu Manohar
For Respondents : Mrs.Dhakshayini Reddy,
Government Advocate.(R1 to R3)
N A R4
. . . .
O R D E R
This writ petition has been filed by the petitioner praying for a writ of mandamus to direct the first respondent to approve his admission in Diploma Teacher Education Course, for the academic year 2008-09, in the fourth respondent Institution. On the date of her joining in the said course, the petitioner was above the prescribed age limit by 27 days. It has also been submitted by the learned counsel for the petitioner that she would have been qualified to undergo the course from the academic y ear 2008-2009, if the academic year had been taken into account from June, 2008, instead of from July, 2008.
2. The learned counsel for the petitioner has also submitted that in similar matters, a learned single Judge of this Court had passed an order, dated 19.06.2008, in W.P.No.14198 of 2008, which is as follows:
“It is seen from the affidavit filed in support of the writ petition that the petitioner comes from a rural background. Her husband is a casual labourer and after marriage and having children, she has made an effort to get educated and to earn for her family and to improve her family condition. Therefore, the fact that she is marginally over-aged by two months and 25 days should not weigh with the respondents.
In these circumstances, the writ petition is allowed as prayed for. No costs. Consequently, connected miscellaneous petition is closed.
After dictating the order, the learned Government Advocate appearing for the respondents 1 to 3 submitted that insofar as the prayer sought for by the petitioner seeking approval of her admission from the first respondent is concerned, twelve weeks time be granted to enable the respondents to pass suitable orders. Considering the said request, twelve weeks time is granted to the first respondent for approval of admission of the petitioner in the course.”
3. A similar order has been passed by a Division Bench of this Court in its order dated 15.04.2008 made in W.P.No.31639 of 2007.
4. Even though there is no appearance on behalf of the fourth respondent, it is clear from the communication, dated 25.09.2008, issued by the Correspondent of the fourth respondent Institute to the Director of Government Examinations that it has recommended the case of the petitioner.
5. The learned Government Advocate appearing for the respondents 1 to 3 has no objection for this Court to pass an order allowing the writ petition, in view of the earlier orders passed by this Court.
6. In these circumstances, this Writ Petition is allowed directing the respondents 1 to 3 to approve the admission of the petitioner as a student in the first year in Diploma Teacher Education Course in the fourth respondent Institute, for the academic year 2008-09. Connected miscellaneous petition is closed. No costs.
pal
To
1. The Director of Teacher Education,
Research and Training
College Road, Chennai.6.
2. The Director of Government
Examinations,
College Road, Chennai.6.
3. The Principal,
District Institute of
Education & Training,
Aduthurai,
Tanjore District