- (1.) HEARD the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.
(2.) IT has been stated that the petitioner belongs to Muslim Backward Community. She was forced to discontinue her B.Com Degree Course at Jamal Mohamed College, Tiruchirapalli, to join the Diploma in Teacher Education Course in Rajalakshmi Teacher Training Institute, Thandalam, Kancheepuram District, based on the proceedings of the Directorate of Teacher Training Education and Research Board, Chennai, dated 27.7.2007. It has been further stated that the petitioner had completed her first year in the Diploma in Teacher Education Course and she had also completed her written examinations for the second year. However, she has to attend the oral examinations to complete the course during the academic year 2008-2009. While so, due to her unauthorized absence from the hostel, on 12.8.2008, she was issued a transfer certificate, based on the directions issued by the High Court in its order, dated 5.11.2008, made in W.P.No.24111 of 2008. After obtaining the transfer certificate she had approached some of the Teacher Training Institutes for admission to continue her course in the second year. Further, she had made applications to the respondent, on 19.12.2008 and 24.12.2008, requesting for orders to admit her in any one of the Teacher Training Institutes in the Districts of Dindigul, Tirurchirapalli or Chennai, so as to complete her final year course in Diploma in Teacher Education, during the academic year 2008-2009. It has been further stated that the counsel for the respondent in W.P.No.24111 of 2008 did not raise any objection to the re-admission of the petitioner in any of the Institutes for continuing her course in the Diploma in Teacher Education. In such circumstances, the objection raised by the respondent, with regard to the issue of the shortage of attendance, due to which the petitioner would be ineligible to appear for the second year examination of the Diploma in Teacher Education course through any one of the recognized Institutes, cannot be sustained in the eye of law. Accordingly, the impugned order passed by the respondent, dated 16.2.2009, is devoid of merits. Therefore, the petitioner has preferred the present writ petition before this Court, under Article 226 of the Constitution of India.
(3.) THE main contention of the learned counsel appearing for the respondent is that in view of the order passed by this Court, on 5.11.2008, in W.P.No.24111 of 2008, the petitioner ought to have been permitted to continue her second year in Diploma in Teacher Education course by admitting her in any one of the recognized Teacher Training Institutes. THE failure of the respondent to admit the petitioner in some other Institute to complete her course and to take part in the examinations is arbitrary and illegal, as it is in violation of Article 21 of the Constitution of India. Further, the respondent cannot shirk his responsibility by stating that the petitioner had discontinued her course at Rajalakshmi Teacher Training Institute, Thandalam, Kancheepuram District and therefore, she cannot be admitted in any other Teacher Training Institute. The learned counsel for the petitioner had relied on a decision of this Court, reported in Kavitha Rajagopal Vs. The Registrar, The Tamil Nadu Dr.Ambedkar Law University, Chennai-28 and another (2008(1) CTC 374) wherein, this Court had permitted a woman student to write the examinations, in spite of the shortage of attendance which had occurred due to child birth. Therefore, it was contended by the learned counsel for the petitioner that the petitioner would also be eligible to write the second year examinations of the Diploma in Teacher Education course.;