S.Pavinan v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Pavinan ... Petitioner Vs.

1.The Government of Tamilnadu, Represented by its Principal Secretary, Higher Education Department, Fort St. George, Secretariat, Chennai-600 009.

2.The Secretary to the Government, Department of Health and Family Welfare, Fort St. George, Secretariat, Chennai 600 009.

3.The Director, Directorate of Medical Education and Research, Kilpauk, Chennai 600 010.

4.The Dean, Arunai Medical College and Hospital, Mathur, Thiruvannamalai 606 603.

... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to pay the entire tuition fees of the petitioner to the 4th respondent as per G.O.Ms.No. 85, Higher Education (J2) Department, dated 16.04.2010, for the academic years 2024-2025, 2025-2026 and refund the tuition fee of Rs. 9,50,000/- (Rupees Nine Lakhs and Fifty Thousand only) paid by the petitioner to the 4th respondent, for the academic year 2021-2022, 2022-2023, 2023-2024.

For Petitioner : Mrs.B.Ramya For R-1 to R-3 : Mr.T.Amjad Khan, Government Advocate *****

ORDER

This writ petition is filed seeking to direct the respondents 1 to 3 to pay the entire tuition fees of the petitioner to the 4th respondent as per G.O.Ms.No. 85, Higher Education (J2) Department, dated 16.04.2010, for the academic years 2024-2025, 2025-2026 and refund the tuition fee of Rs. 9,50,000/- (Rupees Nine Lakhs and Fifty Thousand only) paid by the petitioner to the 4th respondent, for the academic year 2021-2022, 2022-2023, 2023-2024.

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2.Heard the learned counsels on either sides and carefully perused the materials available on record.

3.Considering the limited scope of the relief sought for by the petitioner, this Court hereby direct the 1st respondent to consider the case of the petitioner in the line of para 2(1) and 2(7) of G.O.Ms.No. 85, Higher Education (J2) Department, dated 16.04.2010 and pass appropriate orders in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order. The 1st respondent is further directed to look into the fee structure of the self-financing medical and dental colleges as recommended by the committee on fixation of fees in respect of selffinancing professional colleges which was arrived at during the academic year 2021-2022, 2022-2023 and 2023-2024.

4.With the above directions, this writ petition stands disposed of. No costs.

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To 1.The Government of Tamilnadu, Represented by its Principal Secretary, Higher Education Department, Fort St. George, Secretariat, Chennai-600 009.

2.The Secretary to the Government, Department of Health and Family Welfare, Fort St. George, Secretariat, Chennai 600 009.

3.The Director, Directorate of Medical Education and Research, Kilpauk, Chennai 600 010.

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L.VICTORIA GOWRI, J.

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