Madras HC imposes Rs 5 lakhs cost on college for admitting students without affiliation

The petitioner cannot claim ignorance of this particular clause, the judge criticised.
Madurai Bench of Madras High Court
Madurai Bench of Madras High Court

MADURAI: The Madurai Bench of Madras High Court recently imposed Rs 5 lakh cost on an educational institution for admitting students despite the withdrawal of its affiliation. Justice CV Karthikeyan passed the order on a petition filed by Arulmigu Kalasalingam College of Education seeking to grant a continuation of affiliation from 2021 to 2022 and to permit its students to undergo internship and write semester examinations.

According to the order, the affiliation of the institution was withdrawn due to certain defects in March 2021. Though the institution was once again granted recognition in the 2022-2023 academic year, the college had admitted 100 students in the year 2021 without any approval or affiliation, the judge noted.

He pointed out that as per Chapter 13 (Approval of Colleges) of the Rules and Regulations of the Tamil Nadu Teachers Education University (to which the institution is affiliated to), affiliation cannot be granted with retrospective effect. The petitioner cannot claim ignorance of this particular clause, the judge criticised.

He further cited Section 17(4) of the National Council for Teacher Education Act, 1993, which states that if any degree is granted by a college, which had admitted students during the period when the college suffered from the withdrawal of recognition or affiliation, then such a degree or certificate cannot be treated as a valid qualification.

Despite being aware of this provision, the institution had admitted students and thus should suffer the consequences, the judge observed and dismissed the petition by imposing Rs 5 lakh cost, with a direction to the member secretary of Virudhunagar legal services authority to disburse the amount among the affected students.

However, considering the welfare of the students, the judge requested the National Council for Teacher Education and the Tamil Nadu Teachers Education University to look into the possibility of transferring the affected students to other colleges and permitting them to write the semester examinations. The students could also seek any monetary compensation from the institution if they want, the judge added.

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