The Madras High Court dismissed a writ petition challenging a show cause notice seeking explanation regarding teacher permanence. The court held that a petition against a show cause notice is not maintainable and directed the petitioner to furnish faculty details.
Petitioner directed to furnish faculty details; miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(MD)No.14698 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.14698 of 2015 and M.P(MD).Nos.1 and 2 of 2015
The Secretary, St.Xavier's College of Education, (Autonomous), Palayamkottai, Tirunelveli District-627 002.
.. Petitioner
vs.
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WP(MD)No.14698 of 2015
Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorari, calling for the records relating to the impugned notice issued by the second respondent in F.SRO/NCTE/APSO3247-M.ED/TN/2015-16/70707 dated 23.07.2015 and quash the same.
For Petitioner : Mr.Isaac Mohanlal for Mr.T.Cibi Chakraborthy For Respondents : Mr.S.M.Srinivasan for R1 and R2 No-appearance for R3
O R D E R
This Writ Petition has been filed challenging the impugned show cause notice issued by the second respondent dated 23.07.2015 calling for explanation from the petitioner College as to why the recognition of the College should not be withdrawn.
WP(MD)No.14698 of 2015
petitioner Institution has not appointed him as a permanent Lecturer. The petitioner College is a Minority Institution and the fact as to whether a temporary employee can be made as permanent has to be decided by the College, for which, there cannot be any enquiry contemplated under the Act. He further submits that the petitioner College is having the required faculty, which has been verified and recognition has also been periodically renewed by the National Council for Teacher Education.
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WP(MD)No.14698 of 2015
Index : Yes / No 22.11.2023 NCC : Yes / No Internet : Yes ssb
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WP(MD)No.14698 of 2015
To
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WP(MD)No.14698 of 2015
B.PUGALENDHI, J.
ssb
WP(MD)No.14698 of 2015
22.11.2023
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2 issues framed by the court
Whether a writ petition challenging a show cause notice is maintainable when respondent has rights to verify qualifications.
Whether the High Court can intervene in the inspection process and faculty verification regarding educational institution recognition.
Colour shows how this judgement treated each authority
Union of India vs. Kunishetty SatyanarayanaReferred¶30
Union of India vs. Kunishetty Satyanarayana (2006) 12 SCC 28 · Who else cites this
1 provisions across 1 enactments
The Secretary, St.Xavier's College of Education, (Autonomous), Palayamkottai
The National Council for Teacher Education, Rep.by its Member Secretary
The Regional Director, National Council for Teacher Education, Southern Regional Committee
The Tamil Nadu Teacher Education University, Rep.by its Registrar
B.Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
