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Madras High CourtWP/7498/2021disposed of

Sai Speed Medical Institute Pvt. Ltd v. The Principal Secretary

2021-06-21Honourable Mr Justice D. Krishnakumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2021

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.7498 of 2021 Sai Speed Medical Institute Pvt. Ltd., Rep. by its Founder & Managing Director, Mr.Dr.K.Vinayak Senthil, No.527, Poonamallee High Road, Arumbakkam, Chennai-600 106.

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Petitioner vs.

1.The Principal Secretary, Department of School Education, Secretariat, Chennai-600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai-600 006.

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Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representations dated 15.05.2019, 26.12.2019, 18.06.2020 & 24.08.2020 on merits to release the outstanding payments for the services provided by the petitioner Institute for NEET coaching and to pass necessary further orders.

For Petitioner : Ms.T.Sushil Sarayu For Respondents : Mr.A.Selvendran, Government Advocate

O R D E R

The petitioner is a Medical Institute and they have entered into a Memorandum Of Understanding with the Government of Tamil Nadu on 17.10.2017 for establishment of training centres to conduct training to the students of Government Schools and Government Aided Higher Secondary Schools in the State of Tamil Nadu. As per the aforesaid Memorandum of Understanding, the petitioner Institute has established 312 centres in additional to 100 free training centres inaugurated by the Government of Tamil Nadu. The petitioner would further aver that they have spent around Rs.18 Crores for the period from October 2017 to April 2019 and requested the Government to settle the said amount by submitting representations dated 15.05.2019, 26.12.2019, 18.06.2020 and 24.08.2020 addressed to the first respondent and since their representation was not considered, they have filed this writ petition.

2. The writ petition came up before this Court on 30.04.2021 and this Court has recorded the submission made by the learned Special Government Pleader for the respondents that for early settlement of the outstanding payments for the services rendered by the petitioner, the respondents are

inclined to convene a meeting, in which the petitioner shall participate with all necessary materials and a report shall be filed before this Court. At this juncture, the writ petition is listed before this Court.

3. Mr.A.Selvendran, learned Government Advocate appearing for the respondents has fairly submitted that the claim of the writ petitioner is under active consideration of the first respondent and would further add that the first respondent seeks twelve weeks time to verify all the relevant documents for settlement of the outstanding dues, as claimed by the petitioner in the writ petition.

4. The learned counsel appearing for the petitioner would submit that the petitioner would also cooperate with the first respondent and if any additional documents are required, they are ready to furnish the same. According to the learned counsel appearing for the petitioner, eight weeks time is sufficient for the respondents to consider the claim of the petitioner.

5. The fact remains that the representation of the petitioner dated 24.08.2020 is under active consideration of the first respondent. In view of

the submission made by the learned counsel for the parties and without expressing any opinion on merits, this Court directs the first respondent to consider the claim of the petitioner based on the representation dated 24.08.2020 along with all relevant documents and pass orders on merits and in accordance with law as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that if any additional document is required, the first respondent is always at liberty to seek for additional documents from the writ petitioner.

6. This Writ Petition stands disposed of accordingly. No costs. 21.06.2021 Index : Yes / No Internet : Yes / No Jvm To 1.The Principal Secretary, Department of School Education, Secretariat, Chennai-600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai-600 006.

D.KRISHNAKUMAR. J Jvm W.P.No.7498 of 2021 21.06.2021