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Madras High CourtWP/26868/2023disposed of

Gudiyattam Polytechnic College v. The Union Of India

2025-09-12Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Gudiyattam Polytechnic College, Represented Its Principal, K.Kumaravel, Having Office At Kakathoppu Village, Melmuttukur, Gudiyattam, Vellore District- 635 806.

... Petitioner -Vs1. The Union of India, Represented by Its Secretary, Ministry of Social Justice and Empowerment, Government of India, Shastri Bhawan, C-Wing, Dr. Rajendra Prasad Road, New Delhi- 110 011.

2. The Government of Tamil Nadu, Represented By Its Principal Secretary, Adi- Dravidar and Tribal Welfare Department, Government of Tamil Nadu, Secretariat, St.George Fort, Chennai- 600009.

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondent relating to the Post Matric Scholarship Scheme guidelines to

the Students belonging to Scheduled Castes for studies in India ( 2020- 2021 to 2025-2026) issued by the Ministry of Social Justice and Empowerment, Government of India on March, 2021 in so far it relates to the Clause 11.1payment Mechanism and quash the same and consequently direct the respondents to implement the payment mechanism of remitting the tuition fees under Post Matric Scholarship Scheme directly in the bank accounts of the educational institutions.

For Petitioner : Mr.Kandhan Duraisami For R1 : Mr.S.Thiruvengadam Senior Panel Counsel For R2 : Mr.N.Naveen Kumar Government Advocate O RDER This Writ Petition has been filed calling for the records of the first respondent relating to the Post Matric Scholarship Scheme guidelines to the Students belonging to Scheduled Castes for studies in India ( 2020-2021 to 2025-2026) issued by the Ministry of Social Justice and Empowerment, Government of India on March, 2021 in so far it relates to the Clause 11.1payment Mechanism and quash the same and consequently direct the respondents to implement the payment mechanism of remitting the tuition fees under Post Matric Scholarship Scheme directly in the bank accounts of the educational institutions.

2. Heard the learned counsel on either side and perused the materials

available on record.

3. It is seen that a batch of similar writ petitions were allowed by this Court by an order dated 16.02.2024, in W.P.Nos.20940 of 2023 etc., batch and issued following directions:- " 55. The following directions are issued:

(i) The petitioners will compute the shortfall in fees for the academic years covered by the Scheme thus far and forward the same to both the first and second respondents with full supporting particulars of the students who have defaulted in transferring the fees.

(ii) Upon receipt of the particulars, R1 and R2 will make good the shortfall in the proportion of 60:40 (per the Funding Pattern mechanism set out in Clause 10 of the Scheme) within a period of eight (8) weeks from date of receipt of the particulars. Any additional documents or clarifications, if required, from the institutions, shall be sought and obtained within the timelines as stipulated aforesaid. (iii) The State may, at its discretion, decide whether to initiate proceedings as against the defaulting students."

4. Aggrieved by the same, writ appeal was filed in W.A.No.807 of 2024 and the Hon'ble Division Bench of this Court, by an order dated 23.09.2024 issued following directions:- " 8. In the said circumstances, though this Court was inclined to direct the appellant and the State Government to pay only to the joint account of the students and the Management of the respective institutions, the learned standing counsel appearing for the appellant have expressed some practical difficulties. Hence, this Court, only to tide over the situation, is inclined to pass the following order, which is required to be observed by all the parties to the proceedings:

i. The appellant and the State Government shall pay the amount due for the year 2023-2024 into the account of the students who are in the first year to fourth year, and shall provide the intimation to the respective institutions, within a period of one week from the date of such transfer of money into the account of the individual students;

ii. It is open to the individual institutions/constituent members of the respective associations and the writ petitioner not to permit the defaulting students to continue the course for the next academic year.

iii. If any student doing final year commits default in payment of fees which had already been credited, it is open to the institutions to withhold the certificates of such defaulted students till they make payment.

iv. This interim arrangement will continue in the same pattern till the disposal of the appeal and the writ petition."

5. With the same directions, this writ petition stands disposed of. No costs.

12.09.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn To

1. The Secretary,

The Union of India, Ministry of Social Justice and Empowerment, Government of India, Shastri Bhawan, C-Wing, Dr. Rajendra Prasad Road, New Delhi- 110 011.

2. The Principal Secretary, The Government of Tamil Nadu, Adi- Dravidar and Tribal Welfare Department, Government of Tamil Nadu, Secretariat, St.George Fort, Chennai- 600009.

G.K.ILANTHIRAIYAN. J, mn

12.09.2025