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Madras High CourtWP(MD)/5348/2016disposed of

M.Tamilarasan, v. The State Of Tamil Nadu

2016-03-17Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.03.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.5348 of 2016 and W.M.P(MD)No.4807 of 2016 M.Tamilarasan ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. By its Secretary, Department of Schedule Caste and Schedule Tribes Welfare, Fort St. George, Chennai - 6.

2.The Director/Commissioner, Adi Dravidar and Tribal Welfare Chepauk, Chennai -5.

3.The Welfare Officer, The District Backward Class, Minorities, Schedule Caste and Schedule Tribes The District Collectorate Campus, Madurai.

4.The Principal, Raja College of Engineering and Technology, Veerapanjan, Madurai - 625 020.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to sanction scholarship to the petitioner from the academic year 2012-2013 for the petitioner's education ie., B.E Degree in the fourth respondent college namely Raja College of Engineering and Technology, Veerapanjan, Madurai. For Petitioner : Mr.S.Xavier Rajini For R-1 & R-2 : Mr.M.Murugan, Government Advocate

ORDER

Mr.M.Murugan, learned Government Advocate takes notice for the respondents.

2. By consent of parties, the main Writ Petition is taken up for final disposal.

3. The Writ Petition is filed seeking for a Mandamus directing the respondents to sanction scholarship to the petitioner from the academic year 2012-2013 for the petitioner's education ie., B.E Degree in the fourth respondent college namely Raja College of Engineering and Technology, Veerapanjan, Madurai.

4. The petitioner is a student studying B.E., in civil engineering in the fourth respondent college and he belongs to scheduled caste community. He participated in the single window system conducted by the Anna University and joined in the fourth respondent college in the academic year 2012-2013. As the annual income of the petitioner's family is less than Rs.2 lakhs and the petitioner had also scored more than 50% of marks in the higher secondary course, he was entitled for the scholarship granted to the Schedule Caste and Schedule Tribes students as per G.O.Ms.No.92(Schedule Caste and Schedule Tribes Welfare(Athi N-3) Department, dated 11.09.2012. The petitioner claims to have submitted his application requesting to give scholarship. Along with him, 116 applicants had applied for the same.

Except the petitioner, all the rest had been awarded the scholarship by the second and third respondents. On verification, it is understood that the application form of the petitioner was misplaced and thereafter the petitioner made a fresh application and even then, the scholarship has not been sanctioned to him. Now the petitioner had completed III Year B.E.,and he had submitted another application on 09.07.2015 to the college. The same was forwarded to the third respondent Welfare Officer. Thereafter, the petitioner met the second respondent in person on 10.08.2015 and on subsequent dates, requesting him to sanction the scholarship as he belongs to scheduled caste community. However, till date there is no response from the Authorities.

The petitioner claims that he had borrowed huge money from others and they are not able to get over the same. Hence, the present Writ Petition is filed for the above stated relief.

5. The learned Government Advocate appearing for the respondents 1 and 2 admits that the petitioner is entitled to get scholarship. However, he is not able to say why there is delay in sanctioning the scholarship.

6. In the above circumstances, the respondents are directed to sanction the scholarship to the petitioner from the academic year 2012-2013 for the petitioner's education ie., B.E Degree in the fourth respondent college namely Raja College of Engineering and Technology, Veerapanjan, Madurai, if it is otherwise in order, within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, the Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Secretary, State of Tamil Nadu, Department of Schedule Caste and Schedule Tribes Welfare, Fort St. George, Chennai - 6.

2.The Director/Commissioner, Adi Dravidar and Tribal Welfare Chepauk, Chennai -5.

3.The Welfare Officer, The District Backward Class, Minorities, Schedule Caste and Schedule Tribes The District Collectorate Campus, Madurai.

4.The Principal, Raja College of Engineering and Technology, Veerapanjan, Madurai - 625 020.

+1cc to Mr.Xavier rajini, Advocate Sr.No.15427 +1cc to Spl.GOvernemnt Pleader Sr.No.15487 pm AA/AAL-MPA/07.04.2016/3p-7c W.P(MD)No.5348 of 2016 17.03.2016