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Madras High CourtWP(MD)/19757/2017disposed of

Maria Ayurveda Medical College v. The Secretary To Government,

2017-10-26Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)Nos.19757 to 19759 of 2017 Maria Ayurveda Medical College & Hospital Rep.by Chairman, Thiru Russelraj, Kulathadivilai, Moovattumugam PO, Attorr, Thiruvattar, Kanyakumari District.

...Petitioner in WP(MD)No.19757 of 2017

Maria Siddha Medical College & Hospital Rep.by Chairman, Thiru Russelraj, Thottavaram, Moovattumugam PO, Attorr, Thiruvattar - 629 177, Kanyakumari District.

...Petitioner in WP(MD)No.19758 of 2017

Maria Homeopathic Medical College & Hospital Rep.by Chairman, Thiru Russelraj, Perai, Thiruvattar PO, Kanyakumari District.

...Petitioner in WP(MD)No.19759 of 2017

Vs.

1. The Secretary to Government, Adi Diravidar & Tribal Welfare Department, Government of Tamil Nadu, Fort St.Gorge, Chennai 600 009.

2. The Chairman, Committee on Fixation of Fee in respect of self financing professional colleges, F-1, DOTE Staff Quarters, Gandhi Mandapam Road, Chennai - 600 0025.

.. Respondents in all Wps COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the second respondent herein to consider the fee for the petitioner college for imparting BAMS, BSMS and BHMS coursed for the academic year 2017 - 2020 forthwith before 31.10.2017 as per the

request of the petitioner dated 19.10.2017.

For Petitioner : Mr.R.Prasanna for M/s.Veera Associates For Respondents : Mr.J.Gunaseelan Muthiah Government Advocate in all WPs COMMON ORDER The writ petitions have been filed seeking to direct the second respondents to consider the revision of fee for the petitioner's colleges for imparting BAMS, BSMS and BHMS coursed for the academic year 2017 - 2020 forthwith before 31.10.2017 as per the request of the petitioner dated 19.10.2017.

2.Since the issue involved in all these petitions are one and the same, they are disposed of by way this Common Order. 3.According to the learned counsel for the petitioner, the subject mentioned colleges cum hospitals are run by Maria Educational Charitable Trust. The recognition for the institutions for the year 2017-2018 is under consideration before the competent authorities. Earlier G.O.Ms.No.92, dated 11.09.2012 was issued with guidelines for fixation of fee for the students. The petitioner in order to revise the fee structure sent a representation dated 12.01.2017, requesting to revise the same. Subsequently, the second respondent by proceedings dated 24.08.2017, revised the fee for the said courses, however, stating that the fee fixed by the second respondent is very low, the petitioner filed a detailed objection and appeals on 19.10.2017, to reconsider the request of fee fixation. Since the appeals are pending without consideration, the petitioner is before this Court, to direct the respondents to consider and pass orders on the same.

4.The learned Government Advocate appearing for the respondents would submit that the appeals filed by the petitioner would be considered on merits within the time stipulated by this Court. 5.Considering the limited scope of the relief sought, this Court, without going into the merits of the case, directs the respondents to consider the appeals of the petitioner dated 19.10.2017 and pass appropriate orders, on its own merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

6.With the above direction these writ petitions are disposed of. No Cost.

Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar

To

1. The Secretary to Government, Adi Diravidar & Tribal Welfare Department, Government of Tamil Nadu, Fort St.Gorge, Chennai 600 009.

2. The Chairman, Committee on Fixation of Fee in respect of self financing professional colleges, F-1, DOTE Staff Quarters, Gandhi Mandapam Road, Chennai - 600 0025.

+ 3 CC TO M/s.VEERA ASSOCIATES, IN SR Nos. 83726,83727,83728 DSK TE/SV-MMS/SAR-IV : 26/10/2017 : 3P/6C ORDER MADE IN W.P(MD)Nos.19757 to 19759 of 2017 26.10.2017