R.PREETHY Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner was the District topper of Vellore District in the Higher Secondary (XII) examination conducted by the Department of Government Examinations, Chennai in March 2003. She had secured 1172 out of 1200 marks and stood first in the Vellore District. The Government have introduced a scheme providing educational concession /merit scholarship for the first two rank holders of the State and the first rank holder of the District for pursuing their higher studies. In this regard, the latest G.O issued by the Government is G.O.Ms. No.89, School Education (V1) Department dated 20.05.2003. The petitioner joined M.B.B.S Course in PSG Institute of Medical Sciences and Research on being allotted a seat in the said college.

(2.) ADMITTEDLY , the said college is a self -financed college and the course is also a self financed course. According to the petitioner, she paid tuition fees, uniform charges, university registration fee, book fees, exam fees and other fees including mess deposit and mess fees for the academic years 2003 -2004, 2004 -2005 and 2005 -2006 as follows:

(3.) THE claim of the petitioner is resisted by the respondents based on the counter affidavit filed by the second and third respondents on behalf of all the respondents. In the counter affidavit, the respondents have admitted the fact that the petitioner got first rank in Vellore District in the Higher Secondary (XII) Public examination conducted in March 2003. They have also admitted the fact that the Government order issued in G.O.Ms.No.89, Education dated 20.06.2003, is the latest G.O dealing with the policy of the Government for reimbursement of the expenses incurred by the students who have secured the first and second ranks in the State level and first rank in the District level. According to the averments made in the counter affidavit, the petitioner was entitled to: a) the refund of the tuition fee and special fee equivalent to the one fixed for the courses in the Government colleges; b) book allowance and c) fixed hostel fee. Due to want of clarification, initially a sum of Rs.8903/ - was paid as adhoc payment on 28.03.2007. Subsequently, the eligible fees paid by the petitioner were reimbursed as detailed below: