MHC quashes GO issued to close institutions with low enrolment

CHENNAI: The Madras High Court (MHC) has quashed the Government Order (GO) issued to close the self-financing and aided institutions conducting diploma courses in elementary education, with less than 30 percent of student enrollment, and directed to transfer the surplus faculties to other fully functioning institutions.

Gnanodhaya Teacher Training Institute, from Chennai, moved the Madras High Court seeking to quash the government order to close the institution with low enrolment and permit the institution to make admission.

The case was listed before Justice Anita Sumanth.

The petitioner submitted that in 2019 the State issued an order stating that self-financing and aided institutions conducting diploma courses in elementary education must maintain student strength of 30 percent of the strength sanctioned by the National Council for Teacher Education (NCTE). If the strength dips below the limit, the aiding funds would be stopped and the institutions have been barred from admitting students for that academic year with steps to be initiated for closure of the said institutions consequently, read the government order.

J Jayamalan, appeared for the petitioner contended that the institutions are solely governed by the provisions of the NCTE Act and (recognition norms and procedure) Regulations, 2014, the State has a limited role to play, the government far exceeded the jurisdiction vested in it by passing the government order.

After the submission, the judge quashed the offending portions of the government order.

The judge also directed the State to explore other options to achieve a more robust deployment of the resources in those situations where the admissions are very few.

The State could also consider withdrawal of grant-in-aid to institutions that are not sought after, fully functional, or could consider a merger of two or more institutions to optimize student strength and State resources, wrote the judge.