Jothika.P v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.05.2019
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.14621 of 2019 and W.M.P.Nos. 14625 & 146627 & 14628 of 2019 1.Jothika 2.Anbuselvi 3.Periyammal 4.Abarna 5.Jothika 6.Asaikili 7.Gokila 8.Ragavi 9.Ranjitha 10.Santhiya 11.Sumathi 12.Kanimozhi 13.Manickapriya 14.Tamilnila 15.Kavipriya 16.Mohana 17.Divyabharathi 18.Manimegalai 19.Santhanalakshmi 20.Saranya 21.Selvarani 22.Kalpana 23.Ashwini 24.Babysalini 25.Naveena 26.Akilandeswari 27.Elakkiya 28.Iswarya 29.Jayapriya 30.Kogila 31.Kowsalya 32.Mahalakshmi 33.Nadhiya 34.Pooja 35.Sanchana 36.Bhuvaneshwari 37.Elakkiya 38.Mayavathi 39.Kaviya
40.Keerthana 41.Ranjitha 42.Akila 43.Ishwarya 44.Kiruthika 45.Govinthammal 46.Hemalatha 47.Ishwarya 48.Mahalakshmi 49.Nandhini 50.Priyadharshini 51.Sandhiya 52.Sasikala 53.Sathiya 54.Sathya 55.Sivaranjini 56.Sowmiya 57.Suguna 58.Sumithanila 59.Sushmitha 60.Suyitha 61.Thamayanthi 62.Pavithra 63.Ramya 64.Divyabarathi 65.Anusuya 66.Devadharshini 67.Shilpa 68.Divya 69.Iswarya 70.Revathi 71.Shagila 72.Indhuja
73. Premalatha
74. Devi
75. Rajalakshmi
76. Sangeetha
77. Selvarani
78. Shilpa
79. Jamuna
80. Sindhu
81. Priyanga
82. Anjalidevi
83. Arthi
84. Bakkiyalakshmi
85. Elakkiya
86. Gopiga
87. Gowsalya
88. Kalaiselvi
89. Kalaivani
90. Kaleeswari
91. Kamatchi
92. Kanchana
93. Kavarna
94. Kaviyarasi
95. Keerthika
96. Kousalya
97. Lavanya
98. Malathi
99. Malaviga
100. Mamtha
101. Mathivathani
102. Monika
103. Nandhini
104. Nisha
105. Nishanthini
106. Nithya
107. Pavithra
108. Romiya
109. Santhiya
110. Saranya
111. Shalini
112. Sindhuja
113. Snega. S
114. Sneha ..Petitioners Vs 1 The Government of Tamil Nadu Rep. by its Secretary Adi- Dravidar and Tribal Welfare Department Chennai 600009.
2 The Secretary to the Government of Tamil Nadu Higher Education Department, Chennai - 600009.
3 The Commissioner of Technical Education, Chennai - 600025.
4 Adi - Dravidar and Tribal Welfare Department Rep.by its Director Chennai 600009.
5 Bharathiyar Institute of Engineering for Women Rep. by its Principal Deviyakurichi Thalaivasal Attur Taluk Salem District 636112.
.. Respondents ------
Prayer:
Writ petition filed under Article 226 of the Constitution of India prays to issue a Writ of Certiorarified Mandamus,Calling for the records of the 1st respondent relating to G.O.Ms.No.52 Adi Dravidar and Tribal Welfare dated 11/08/2017 and quash the same.
For petitioner : Mr.Muthumani Doraisamy For respondents: Mr.V.Kathirvelu Government Advocate
ORDER
The prayer sought for herein in this Writ Petition is for issuance of a Writ of Certiorari, to call for the records of the 1st respondent relating to G.O.Ms.No.52, Adi-Dravidar and Tribal Welfare, dated 11.08.2017 and quash the same.
2. By consent of both parties, the writ petition itself is taken up for hearing and the following order is passed.
3. The core issue that arises for consideration is that whether the writ petitioners, who are the students admitted in the private engineering colleges under the management quota are entitled to the benefit of G.O.Ms.No.52, Adi-Dravidar and Tribal Welfare, dated 11.08.2017.
4. In a similarly placed matter, i.e., in W.P.Nos. 9723 and 9730 of 2019 the Division Bench has given the following Judgment:
"3. The Government of Tamil Nadu, with a view to help the students belonging to Adi Dravidar community, issued an order in G.O.Ms.No.6, Adi Dravidar and Tribal Welfare Department, dated 09 January 2012, providing scholarship to the students studying in Government and Aided Institutions. The Government made certain amendments to the Government Order in G.O.Ms.No.6, Adi Dravidar and Tribal Welfare Department, dated 09 January 2012. By way of the said amendment, the Government made it clear that the scholarship would be granted only to the extent of rates fixed by the Fee Structure Committee for the free seats under Government quota with effect from the academic year 2017-2018. The
Government was well within its powers to amend the order. The grievance of the petitioner appears to be that only during the currency of the academic year, the amendment was introduced. There will be no difficulty to the petitioner, in case the Government Order is implemented from the academic year 2018-2019 instead of 2017-2018. In case the operation of the Government Order is given effect from 2018-2019, it would not affect the petitioner in any manner.
4.We direct the respondents not to extend the amended Government Order to the petitioner, meaning thereby, he would be entitled to the benefit of the earlier order in G.O.Ms.No.6, Adi Dravidar and Tribal Welfare Department, dated 09 January 2012. No other contentions were raised before us.
5. We allow the Writ Petition in W.P.(MD) No.17694 of 2017 as indicated above. No costs. Consequently, the connected Miscellaneous Petitions are closed."
5. In the light of the above said Judgment, the present writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(V.O) //True Copy// Sub Assistant Registrar kmm/kst To 1.The Secretary, The Government of Tamil Nadu Adi- Dravidar and Tribal Welfare Department, Chennai 600009.
2.The Secretary to the Government of Tamil Nadu Higher Education Department, Chennai - 600009.
3.The Commissioner of Technical Education, Chennai - 600025.
4.The Director, Adi - Dravidar and Tribal Welfare Department Rep.by its Director, Chennai 600009.
+2ccs to Mr.Muthumani Doraisami, Advocate, S.R.No.44161 W.P.No.14621 of 2019 and and W.M.P.Nos. 14625 & 146627 & 14628 of 2019 KJ(CO) RRS(27/05/2019)