Cms Polytechnic College v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.31695 OF 2019 CMS Polytechnic College, CMS Group of Institution, Rep. by its Chairman, C. Muthusamy, Ernapuram, Namakkal District-637003 .. Petitioner Vs.

1. The State, Rep. by its director, Adi Dravidar Welfare Department, Ezhilagam, Chennai-600 005.

2. The State, Rep. by its Director, Directorate of Technical Education, Chennai-600 025.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents 1 & 2 to consider the petitioner's representation dated 04.09.2019 and pass appropriate orders within the time frame fixed by this Court.

For Petitioner : Mr.N.Devarajan For Respondents 1 & 2 : Mr.C.Jayaprakash

O R D E R

The petitioner has filed this petition under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents 1 & 2 to consider the petitioner's representation dated 04.09.2019 and pass appropriate orders within the time frame fixed by this Court.

2. The case of the petitioner is that the petitioner college is a group of institutions imparting technical education particularly to the scheduled caste and scheduled tribe students in Namakkal District and in neighbouring Districts wherein three years diploma course is being conducted. While being so, the petitioner institution admitted the students for the academic year 2016-2018 as per the letters issued by the 1st Respondent Department. The 1st Respondent Department issued G.O.Ms.No.39 with certain guidelines and the petitioner institution was directed to follow the guidelines only then the students pursuing courses under the petitioner institution will be granted scholarship and other grants. However, even prior to the issuance of the G.

O, the admission process was completed for the year 2018 due to which the petitioner could not comply the G.O and compliance warranted termination of the admitted students. Therefore, the petitioner made a representation to the Respondents 1 & 2 for sanction of scholarship by granting exemption, however, till date no action has been taken on the representation. Aggrieved by the same, the petitioner has filed the present Writ Petition seeking the above relief.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the Respondents 2 & 3 to consider the petitioner's representation dated 04.09.2019 and pass orders on the same within a particular time frame fixed by this Court.

4. The learned counsel on behalf of the Respondents 1 & 2 has no serious objection to the said order being passed and the petitioner' representation will be considered and appropriate orders will be passed within a particular time frame fixed by this Court.

5. In view of the aforesaid submissions, this Court without going into the merits of the case, issues direction to the Respondents 1 & 2 to consider the petitioner's representation dated 04.09.2019 and pass appropriate orders in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar NHS

To

1. The Director, Adi Dravidar Welfare Department, Ezhilagam, Chennai-600 005.

2. The Director, Directorate of Technical Education, Chennai-600 025.

+1cc to the Government Pleader, High Court, Madras, S.R.No.64870 W.P.No.31695 of 2019 CA(CO) RLP(04/01/2022)