S.Harith Kumar Adhithya v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM S.Harith Kumar Adhithya ... Petitioner Vs.
1.The Government of Tamil Nadu, Represented by its Secretary to Higher Education, Higher Education Department, Fort St. George, Chennai - 600 009.
2.The Director of Technical Education, Directorate of Technical Education, No.53, Sardar Patel Road, Anna University, Guindy, Chennai - 600 028.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the 1st respondent in Letter No.2811730/J1/2022-1 dated 10.05.2023 and the consequential proceedings passed by the 2nd respondent in his proceedings Letter No.10627/J4/2022 dated 18.05.2023 and quash the same and consequently direct the respondents to follow and implement Education Department G.O.Ms.No.1699 dated 14.09.1978 and thereby to grant reimbursement of tuition fees for academic year 2021-2022
including CDC and book fees and hostel fees for the children of Government servants dying in harness.
For Petitioner : Mr.I.Arokiasamy For Respondents : Mr.D.Ravichander Special Government Pleader
O R D E R
The order of rejection, rejecting the claim of the petitioner to grant reimbursements of tuition fee paid by the petitioner for Academic Year 20212022 including CDC and book fees and hostel fees for the children of Government servants dying in harness is under challenge in the present writ petition.
2. The father of the writ petitioner Mr.B.Sivakumar was employed as Head Master in Panchayat Union Primary School, Ayan Kunjaram under the control of AEEO Office, Ulundurpet and died on 18.12.2009 while he was in service. The petitioner after completing +2 course joined B.Tech (CSE-AI and ML) course at SRM College of Engineering and Technology, Trichy during the Academic Year 2021-2022. He is pursuing the course. The petitioner submitted an application for reimbursement fees paid to the College.
3. The counter affidavit filed by the Commissioner of Technical Education would reveal that the petitioner is studying in SRM University, Science and Technology, Trichy District, which is a deemed university and it is not affiliated to Anna University and not under the control of the Directorate of Technical Education. However, the petitioner can apply through District Educational Officer or Directorate of School Education and get the scholarship as per the guidelines quoted in the G.O.Ms.No.169, School Education Department dated 03.10.2023.
4. Therefore, it is made clear that the petitioner cannot claim under G.O.Ms.No.1699 dated 14.09.1978, but the petitioner is at liberty to submit a fresh application under the Government order in G.O.Ms.No.169, School Education Department dated 03.10.2023 and such an application should be submitted through the District Educational Officer or Directorate of School Education as the case may be. In the event of submitting any such application, it should be considered based on the G.O.Ms.No.169 dated 03.10.2023.
5. With this liberty, this Writ Petition stands disposed of. No costs. 01.04.2024 (1/2) Jeni Index : Yes Speaking order / Non-speaking order To 1.The Government of Tamil Nadu, Represented by its Secretary to Higher Education, Higher Education Department, Fort St. George, Chennai - 600 009.
2.The Director of Technical Education, Directorate of Technical Education, No.53, Sardar Patel Road, Anna University, Guindy, Chennai - 600 028.
S.M.SUBRAMANIAM, J.
Jeni 01.04.2024 (1/2)