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Madras High CourtWP/23847/2014dismissed

R.Latha v. The Principal Secretary To

2017-08-07Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.23847 of 2014 R.Latha ... Petitioner Vs.

1. The Principal Secretary to Government, Higher Education (J.2) Department, Secretariat, Chennai - 600 009.

2. The Directorate of Medical Education, Government of Tamil Nadu, No.162, Poonamallee High Road, Kilpauk, Chennai - 600 010.

3. The District Collector, Salem District.

4. The Principal, Swamy Vivekananda College of Pharmacy, Elayampalayam, Tiruchengode, Namakkal District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to sanction tuition fee concession to the petitioner as first graduate for completion of B.Pharm college in the 4th respondent college in the light of the G.O.Ms.No.85 Higher Education (J.2) Department dated 16.4.2010 within a stipulated time as fixed by this Hon'ble Court. For Petitioner : Mr.V.Thirupathi For Respondent : Mr.A.Kumar Special Government Pleader R1 to R3

O R D E R

The prayer in this writ petition is for issuing a writ of mandamus directing the respondents to sanction tuition fee concession to the petitioner as a first graduate for completion

of B.Pharm Course in the 4th respondent College, in the light of G.O.Ms.No.85, Higher Education (J.2) Department, dated 16.4.2010.

2. Heard both sides.

3.The petitioner claims benefit under G.O.Ms.No.85, Higher Education (J.2) Department, dated 16.4.2010, for getting tuition fee concession as a first graduate of the family.

4. The respondents 1 and 2 filed a counter and submitted that the said concession is eligible only to those who have been selected through single window counselling conducted by the Government, whereas the petitioner has been selected through management quota and not through counselling. Therefore, it is contended by the learned Special Government Pleader appearing for the respondents 1 to 3 that the said G.O is not applicable to the petitioner. The learned counsel for the petitioner is not disputing the fact that the petitioner is admitted under management quota at the 4th respondent college.

5. Perusal of the said G.O.No.85, Higher Education (J.2) Department dated 16.4.2010, also indicated that such concession is available only to those students who got admitted through single window counselling conducted by the Government. Therefore, I find that the claim of the petitioner is not supported by the said G.O. Accordingly, I find no merits in this writ petition and thus, the same is dismissed. No costs. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar vsi/ms To

1. The Principal Secretary to Government, Higher Education (J.2) Department, Secretariat, Chennai - 600 009.

2.The Directorate of Medical Education, Government of Tamil Nadu, No.162, Poonamallee High Road, Kilpauk, Chennai - 600 010.

3.The District Collector, Salem District.

+1cc to the Government Pleader Sr. 56876 +1cc to Mr.V.Thirupathi, Advocate Sr. 57150 W.P.No.23847 of 2014 AR(IV) VR(22/8/2017)