P.Sounther, v. The Secretary To The Govt.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.12950 OF 2016 AND W.M.P.NO.11319 OF 2016 P.Sounther ... Petitioner .Vs.
1. The Secretary to the Government, Adi-Dravidar and Scheduled Tribes Welfare Department, Secretariat, St.George Fort, Chennai - 600 009.
2. The Commissioner, Department of Adi-Dravidar and Scheduled Tribes, Ezhilagam, Chepauk, Chennai.
... Respondents PRAYER:- Writ Petition filed Under Article 226 of the Constitution of India to issue of Writ of Mandamus, Directing the 1st respondent to extend the benefits of G.O.Ms.No.92 dated 11.09.2012 which was issued by 1st respondent consequently to direct the 2nd respondent to pay the educational fees to the petitioner's daughter, who is studied B.Sc. (Nursing) in The Oxford College of Nursing, Bangalore.
For Petitioner : Mr.P.Saravanan For Respondents : Mr.K.M.D.Muhilan Government Advocate
O R D E R
The relief sought for in the present writ petition is for a direction to direct the 1st respondent to extend the benefits of G.O.Ms.No.92 dated 11.09.2012, which was issued by 1st respondent consequently to direct the 2nd respondent to pay the educational fees to the petitioner's daughter, who is
studied B.Sc. (Nursing) in The Oxford College of Nursing, Bangalore.
2. Undoubtedly, the benefit of the Government order, which is meant for the poor students is to be granted without causing any undue delay. The case on hand is a classic case, where this Court could not able to consider the grievances of the petitioner on account of the efflux of time. Though the writ petition was filed in the year 2016, it is pending for about 5 years and by the time, when the writ petition is taken up for final hearing, the writ petitioner had completed his course and came out form the college.
3. The learned counsel for the petitioner also lamented that many such cases are pending and the litigants are unable to get their grievances redressed.
4. However, the respective learned counsels are also expected to take efforts to bring atleast the urgent cases within a reasonable period of time. It is the duty both on the Registry as well as on the counsel for the litigants to ensure atleast the urgent cases are listed within a reasonable period of time. The said exercise is to be made jointly by all concerned, this Court is of an opinion that all concerned has got a duty to ensure that the needy litigants, approaching the Courts, is granted relief within a reasonable period of time and the cause shall not be allowed to become infructuous. This being the view of this Court, atleast hereafter, the said joint exercise is expected to be done by all concerned.
5. As far as the present writ petition is concerned, the Government order speaks about grant of payment of fees to the students. Such a fees cannot be granted to a student, who has already completed the course and the Government is meant for the students, who all are undergoing the course. In the present case, the petitioner has already completed the course and therefore, this Court is not in a position to consider the relief. However, this Court wishes the petitioner to prosper in his life by working hard.
6. With these wishes, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar
kak To 1.
The Secretary to the Government, Adi-Dravidar and Scheduled Tribes Welfare Department, Secretariat, St.George Fort, Chennai - 600 009.
2.
The Commissioner, Department of Adi-Dravidar and Scheduled Tribes, Ezhilagam, Chepauk, Chennai.
+1cc to the Government Pleader, S.R.No.48605 W.P.NO.12950 OF 2016 RR(CO) PBS/06/10/2021