Sakthivel & Others vs Government Of Tamil Nadu & Others

Dr. G.Jayachandran, J

Heard the Learned Counsel for the Petitioners and the Learned Special Government Pleader of the respondents.

These Writ Petitions are filed by the students belonging to SC/ST Community who joined B.E/B.Tech Courses under Management Quote during the academic year 2017-2018. Prior to G.O.Ms.No.52, dated 11.08.2017, the students belonging to SC/ST community who joined Engineering College, were entitled for full reimbursement of the tuition fees. Later, by virtue of the G.O.Ms.No.52, the Adi-Dravidar and Tribal Welfare Department, Chennai, restricted the reimbursement of tuition fees par with Government quote students. This said Government Order was subjected to challenge before this Court. This Court, has clarified that G.O.Ms.No.52, cannot be given retrospective effect and it shall only apply for the candidates to join the courses during the academic year 2018-2019 and thereafter. The candidates who have already joined before the date of Government Order, should be reimbursed full fees fixed for the candidates joining under the Management quote.

The learned Special Government Pleader appearing for the respondents has filed the counter affidavit, wherein, he admits that the Government is liable to reimburse the tuition fees to the SC/ST candidates in full, for the candidates who have joined the Institute before the date of Government Order. Since, there is some dispute regarding the date of joining, they are not able to disperse the scholarship money to the respective candidates. If it is so, the respondents ought to have called for documents from the respective candidates and after due verification, should have dispersed it. They should not have waited so long and force the petitioners to approach this Court.

Since, Spate of Writ Petitions are filed on the same ground despite passing orders in favour of the individuals, institutions and consortium of colleges, the learned Government Special Government Pleader, was asked to produced relevant files and explain the cause for delay.

Today, the learned Special Government Pleader appearing for the respondents. He showed the communication of the Additional Chief Secretary, Adi-Dravidar and Tribal Welfare Department, Chennai, addressed to the Director, Adi-Dravidar and Tribal Welfare Department, Chennai, wherein, he has requested to verify the actual date of joining of the Writ Petitioners and implement the Order of the Court in favour of the students who have joined earlier to the issuance of the G.O.Ms.No.52, dated 11.08.2017. In case, of petitioners who have joined subsequent to the issuance of Government Order, requested to take necessary action to file review/appeal.

If the Government wants to prefer any appeal against the Order of this Court, they are at liberty to do so but as on date they are bound by the orders of this Court and they cannot delay the payment any further. If they have any doubt regarding the date of joining, they can call for the records, verify the same and disperse the scholarship money. In any event, none of the candidates, who are entitled for the scholarship money shall be deprived of the same beyond 30.08.2019.

Accordingly, the Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.