1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2011 CORAM: THE HONOURABLE Mr.JUSTICE K.N.BASHA W.P.(MD)No.588 of 2011 N.Selvaraj ... Petitioner Vs. 1.Government of Tamil Nadu, Rep.by its Secretary to Government, Department of Backward Classes and Most Backward Classes and Minorities Welfare, St.George, Fort, Chennai. 2.The District Collector, Thirunelveli. 3.The Principal, Rajaj Engineering College, Raja Nagar, Vadakkankulam, Thirunelveli District 627 116. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd and 3rd respondents to give the benefit of the Tamil Nadu Free Education Scheme to the petitioner's daughter S.Deepa, pursuing her second year B.E., at the 3rd respondent College by reimbursing the amount for the year 2009-2010 as sanctioned by the Government for DNC students and to continue the benefit of the scheme till the completion of her professional course at the 3rd respondent college. For Petitioner : Mrs.V.Sundari For Respondents : Mr.Aayiram K.Selvakumar, G.A. O R D E R Heard Mrs.V.Sundari, learned counsel appearing for the petitioner and Mr.Aayiram K.Selvakumar, learned Government Advocate for the respondents 1 and 2. 2.The learned counsel for the petitioner seeks permission to amend the cause title in respect of the 2nd respondent as the District Collector, Tirunelveli instead of the District Collector, Pudukkottai. 3.In view of the submission of the learned Government Advocate that the proper party is only the District Collector, Tirunelveli as the 3rd respondent/College, in which the petitioner is studying, comes within the jurisdiction of Tirunelveli District and accordingly, the said correction is carried out by the learned counsel for the petitioner today itself. https://hcservices.ecourts.gov.in/hcservices/ 2 4.The petitioner has come forward with this petition seeking for the relief of issuance of a Writ of Mandamus, directing the respondents 2 and 3 to give the benefit of the Tamil Nadu Free Education Scheme to the petitioner's daughter S.Deepa, pursuing her second year B.E., at the 3rd respondent / College by reimbursing the amount for the year 2009-2010 as sanctioned by the Government for DNC students and to continue the benefit of the scheme till the completion of her professional course at the 3rd respondent / College. 5.By mutual consent of the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 and 2, the main Writ petition itself is taken up for final hearing. 6.The case of the petitioner is that the petitioner belongs to Denotified Community and he is doing agricultural work along with his wife. His first daughter viz.,S.Rubeeya has completed Diploma in Teacher Training and his second daughter viz.,S.Deepa is studying II year in Engineering at the 3rd respondent / College and his son is studying in IX Standard. The second daughter of the petitioner had secured admission in the 3rd respondent/College through Single Window System and doing B.E. course from the year 2009-2010. 7.She is the first student undergoing graduation course from his family. The Tamil Nadu Government had introduced a free education scheme on 06.01.2010 that the first generation Under Graduate in Tamil Nadu irrespective of their caste or income, will not have to pay tuition fees from the coming academic year. The families that have never had a graduate can take benefit of the above scheme and the State Government will bear the entire tuition fee of such students who secure admission to professional courses under the Single Window System. 8.The said Free Education System is applicable to the communities of B.C., M.B.C., and D.N.C. Students styding in (i) 3 years Arts / Science degree courses (B.A., B.Sc., B.Com., etc.,) (ii) 3 years Poly Technique Diploma Courses (iii) Professional Degree Courses (Medical, Engineering, Agricultural, Veterinary, Law, Indian Medicine, etc. for under graduates only) The following other conditions are required as eligibility criteria to avail the benefit of the said scheme. (i) Parental annual income should not exceed Rs.50,000/- p.a. (ii) Students should be first graduate in the family. (iii)For MBCs & DNCs https://hcservices.ecourts.gov.in/hcservices/ 3 No conditions in so far as the 3 year Degree Courses only (viz. B.A., B.Sc., B.Com., etc.) (iv) 3 year Polytechnic Diploma Course and Professional Degree Courses like Medical, Agricultural, Veterinary, Law, Indian Medicine, etc., candidates applicable to B.C. Also applicable to MBC/DNC. 9.As the petitioner’s daughter belongs to De Notified community and she is pursuing her second course in Engineering at the 3rd respondent / College by staying in the attached hostel to the College, the petitioner finds it very difficult to meet the expenses towards college fees and hostel fees. Accordingly, the petitioner applied for availing the benefit of free educational scheme to his daughter by enclosing the necessary certificates to the 3rd respondent / College on 18.08.2010, who is the competent person to send to the 2nd respondent to enable them to sanction the amount under the said scheme. But till date no action is taken by the 3rd respondent / College. The petitioner also preferred an application under the Right to Information Act on 10.11.2010 to the 3rd respondent/College. However, till date the 3rd respondent / College has not given any reply. Therefore, the petitioner has constrained to approach this Court with this petition with the above said prayer. 10.The learned counsel for the petitioner would submit that in spite of the application submitted by the petitioner’s daughter as early as on 18.08.2010 no action is taken by the 3rd respondent / College. 11.The learned Government Advocate would submit that till date the concerned competent authority namely, the District Collector, Tirunelveli has not received any representation either from the petitioner or from the petitioner’s daughter and as such the question of seeking a direction to the official respondents for granting the benefit of free education scheme does not arise. 12.This Court carefully considered the submissions made by both sides and perused the materials available on record. 13.The fact remains that the petitioner’s daughter S.Deepa sent a representation dated 18.08.2010 only to the 3rd respondent / College, which is a private institution. It is pertinent to note that the said College comes well within the jurisdiction of Tirunelveli District. Only after the submission made by the learned Government Advocate, the learned counsel for the petitioner sought for the relief of amending the name of the 2nd respondent as the District Collector, Tiruneveli. It is seen that the petitioner has not preferred any representation till date to the District Collector, Tirunelveli and she has also not preferred any application or representation to the District Collector, Pudukkottai as mentioned earlier. https://hcservices.ecourts.gov.in/hcservices/ 4 14.Considering the submission that the petitioner is a poor agriculturist and his daughter S.Deepa is now undergoing Under Graduate in B.E. in the 3rd respondent / College, this Court is inclined to permit the petitioner or petitioner’s daughter to prefer a fresh representation to the 3rd respondent / College as well as to the 2nd respondent / District Collector, Tirunelveli within a period of 10 days from the date of receipt of the order copy of this Court. In the event of receiving such representation from the petitioner seeking for the relief of availing the benefit of free education scheme, the 3rd respondent / College shall forward the said application enclosing all the necessary documents along with the application or representation to the 2nd respondent and the 2nd respondent in turn on such receipt of the representation or application shall consider the same and pass orders on merits and in accordance with law within a period of 8 weeks from the date of receipt of such representation or application. 15.Accordingly, the writ petition is disposed of. No costs. Consequently, connected M.P.is closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, Department of Backward Classes and Most Backward Classes and Minorities Welfare, St.George, Fort, Chennai. 2.The District Collector, Thirunelveli. 3.The Principal, Rajaj Engineering College, Raja Nagar, Vadakkankulam, Tirunelveli District 627 116 +one cc to Special Government Pleader, Sr.No.39888 W.P.(MD)No.588 of 2011 14.11.2011 nbj SMA/13.12.2011/5C/4P https://hcservices.ecourts.gov.in/hcservices/