Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
2. It has been submitted that the petitioner Institute is being run by Arulmigu Ayyanar Educational Trust for the benefit of aspiring students in the locality, with the prime object of offering quality education in the Teaching profession. The petitioner institute had applied for the grant of recognition for two years D.T.Ed., course before the National Council for Teacher Education-Southern Regional Committee (in short NCTE-SRC), on 02.01.2007, with an annual intake of 50 students from the academic year 2006-2007. On the basis of infrastructural and instructional facilities provided by the petitioner Institute and on the basis of the report of the visiting team, the petitioner Institute was granted with a conditional order of recognition, on 11.09.2007, under Clause 7(11) of the National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2005. Thereafter, an unconditional order of recognition was granted on 11.12.2007, as per clause 7(12) of the National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2005.
3. It has been submitted that even though the petitioner had applied for the grant of recognition from the academic year 2006-2007, due to belated recognition, the petitioner was able to commence the course only from the academic year 2008-09. Thereafter, an inspection had been conducted by the second respondent and he was satisfied with the infrastructural and instructional facilities provided by the petitioner Institute. Consequently, the first respondent ought to have granted staff approval and affiliation as per the National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2005, on or before 20.06.2008. However, it was not done within the said stipulated time. The petitioner had further submitted that the only reason for deferring the grant of affiliation is that the petitioner Institute has asbestos roof for a building with 9900 sq.ft. of builtup space. Such an action has been taken as and no asbestos roofing is allowed, as per Clause 8(10) of the National Council for Teacher Education (Regulation Norms and Procedure) Regulations, 2007, dated 27.11.2007. Further, due to the deferring of the grant of affiliation, the staff list was not approved by the first respondent.
4. At this stage of the hearing of the writ petition, an undertaking has been filed by the Chairman of the Trust, who is running the petitioner Institute stating that the asbestos roofing would be replaced by an R.C.C. Roofing, within a period of five months from today. The affidavit of undertaking is as follows:
"I, C.Vijayasundaram, S/o, Chinniaya, Hindu aged about 60 years residing at No.91/B, VSR Illam, Keeramangalam & Post, Alangudi Taluk, Pudukkottai District, now temporarily come down to Chennai, do hereby solemnly affirm and sincerely state as follows:
1. I am the Chairman of the Arulmighu Ayyanar Educational Trust, running the petitioner institute. I am well acquainted with the facts of the above writ petition and filing this affidavit of undertaking.
2. I humbly submit that the petitioner institute was granted with conditional order of recognition by the proposed respondent viz. National Council for Teacher Education-Southern Regional Committee (NCTE-SRC) on 11.09.2007, on the basis of the infrastructural and instructional facilities provided by the petitioner institute and report of the visiting team, under Clause 7 (11) of the National counsel for Teacher Teducation (Recognition Norms and Procedure) Regulations, 2005. Thereafter, an unconditional order of recognition was granted on 11.12.2007. As per the said Regulations, the petitioner institute has satisfied the condition of providing building with permanent structure. In which, about 9900 sq ft was covered with asbestos roof, which has now been objected by the first respondent.
3. I humbly submit that in a writ petition filed by the petitioner in W.P.No.10852/2009, to permit the students of the academic year 2008-09 to write their I year examination, the petitioner has given an undertaking before this Hon'ble Court to replace the roof within a period of six months, eventhough the petitioner has filed an affidavit of undertaking before the NCTE-SRC on 23.11.2008,to replace the roof within a period of three years. On the basis of the said undertaking, the Hon'ble Court was pleased to pass an interim order on 19.06.2009.
4. I humbly submit that inspite of the said undertaking given before this Hon'ble Court, the petitioner institute was constrained to file the above writ petition to sponsor students under single window system for the academic year 2009-10. Now, the petitioner institute is on the process of complying with the undertaking given, scrupulously within the time sought for, though large extent of building. Further, in order to gain the confidence of the respondents, this affidavit of undertaking is filed to ensure the respondents that the petitioner institute will replace the asbestos roof of the petitioner insitute with R.C.C. Roof or constuct the R.C.C. roofed building, within five months.
In these circumstances, it is therefore, prayed that the Hon'ble Court may be pleased to accept this Affidavit of Undertaking as part and parcel of the above W.P.No.12420/2009; consequently consider the relief sought for therein and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.
Solemly affirmed at Chennai on this the 9th day of July 2009 and signed his BEFORE ME, name in my presence.
(Advocate)Chennai"
5. In view of the undertaking given by the Chairman of the Trust, the petitioner is permited to admit the students in the D.T.Ed. course for the year 2009-2010, subject to the compliance of the undertaking, within the time specified and the grant of approval by the first respondent would be based on the compliance of such undertaking.
6. The learned counsel for the respondents had submitted that the respondents would sponsor qualifed students, under the single window system, to enable the petitioner Institute to complete the admission, under the management quota, within a stipulated time.
7. In view of the submissions made by the learned counsel for the petitioner, as well as the learned counsel for the respondents and in view of the undertaking given by the Chairman of the Trust, the first respondent is directed to consider the approval of the staff list submitted by the petitioner Institute, within four weeks from the date of receipt of the copy of this order.
The writ petition is disposed of with the above directions. No costs. Consequently connected M.P. is also closed.
arr To The Director of Teacher Education, Research and Training, College Road, Chennai 600 006.
The Principal, District Institute of Education and Training, Pudukkottai.
The Regional Director, National Council for teacher Education, Southern Regional Committee, HMT Post, Jalahalli, Bangalore 560031