G.Marimuthu 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.14770 of 2019 and W.M.P.Nos. 14753 to 14755 of 2019
1. G.Marimuthu
2. G.Muneeshwari
3. C.Vignesh
4. K.Arikrishnan
5. S.Kanchana
6. S.Dhanalakshmi
7. S.Suganthi
8. J.Sivasakthi
9. B.Vidhya 10.K.Priya 11.P.Preethy 12.S.Krishnaveni 13.C.Vinothini 14.B.Rubi 15.R.Manoj Kumar 16.V.Balamurugan 17.V.Praveen 18.S.Vasantharajan 19.M.Dhavavel 20.M.Manikandan 21.R.Prathap 22.S.Sasi Kumar 23.P.Gopi 24.K.Kaviprakash 25.K.Ravikumar 26.S.Seenu 27.N.Kabilkannan 28.S.Akash 29.K.Deepasurya 30.K.Sathishkumar 31.K.Prakash 32.M.Nethaji 33.P.Bharathiraja 34.K.Prashanth 35.B.Mugilan 36.A.Manimaran 37.T.Killivalavan 38.A.Abithkumar 39.M.Chinnnadurai
40.N.Nivinraj 41.D.Praveena 42.B.Parthisiya 43.M.Amutharani 44.S.Narmadha 45.S.Sanmugapriya 46.R.Aravinthraj 47.K.Vasudevan 48.R.Arasu 49.S.Jothimurugan 50.K.Veeravel 51.R.Ayappan 52.M.Karthi 53.A.Kanagaraj 54.V.Eshwaran 55.T.Vignesh 56.R.Gokulvasan 57.D.Jeevananthan 58.P.Muthupandi 59.P.Nireshkumar 60.T.Selvamanikandan 61.M.Arivazhagan 62.S.Nesabalan 63.M.Sankar 64.V.Loganathan 65.D.Prabakaran 66.R.Ranjith 67.R.Ramki 68.C.Samiraja 69.D.Jayadevan 70.S.Pugazhvanan 71.K.Poovarasan 72.D.Arulsingh 73.M.Ayyanar 74.S.Karthikraja 75.T.Gandhinathan 76.K.Thennarasu 77.P.Parthiban 78.E.Dhilipkumar 79.V.Baranidharan 80.M.Vijayaraj 81.P.Parthiban 82.A.Vellamathu 83.K.Saran 84.M.Vignesh 85.M.Devaraj 86.R.Mutharasan 87.K.Kamaraj 88.V.Ajith 89.K.Baskar
90.R.Sathish 91.K.K.Abisek 92.R.Dhasan 93.B.Thiruthuraipandiyan 94.N.Kaleeswaran 95.S.Jayasurya 96.M.Vimalraj 97.S.Pounkumar 98.G.Subash 99.S.Tamilmani 100.K.Priya
...Petitioners
Vs
1. The Government of Tamil Nadu Rep. by its Secretary, Adi- Dravidar and Tribal Welfare Department, Chennai - 09.
2. The Secretary to the Government of Tamil Nadu, Higher Education Department, Chennai - 09.
3. The Commissioner of Technical Education, Chennai - 600025.
4. Adi - Dravidar and Tribal Welfare Department Rep.by its Director, Chennai - 09.
5. Tagore Institute of Engineering & Technology, Rep. by its Principal, Deviyakurichi, Attur Taluk, Salem District - 636 112.
...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 Special Government Pleader
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, AdiDravidar 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 20172018. 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/- Vacation officer //True Copy// Sub Assistant Registrar mrm/kkn To
1. The Secretary, Government of Tamil Nadu Adi- Dravidar and Tribal Welfare Department, Chennai - 09.
2. The Secretary to the Government of Tamil Nadu, Higher Education Department, Chennai - 09.
3. The Commissioner of Technical Education, Chennai - 600025.
4. Adi - Dravidar and Tribal Welfare Department Rep.by its Director, Chennai - 09.
5. Tagore Institute of Engineering & Technology, Rep. by its Principal, Deviyakurichi, Attur Taluk, Salem District - 636 112.
+2ccs to Mr.Muthumani Doraisamy , Advocate SR.No. 44160 W.P.No.14770 of 2019 and W.M.P.Nos. 14753 to 14755 of 2019 A.SK(28/05/2019)