V THISAI INDIRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The prayer in the writ petition is for the issue of a writ of mandamus directing the respondents herein to extend the Free Bus Pass Scheme to the students, studying in Government Law Colleges in Tamil Nadu by considering the representation of the petitioner dated 8.8.2013 and pass orders. The petitioner is a Law College student, doing final year B.A., B.L., Degree at Government Law College, Madurai. He is staying at Government Law College Mens' Hostel, situated near Mattuthavani Bus Stand, Madurai. The petitioner used to travel by bus from his hostel to college by spending a minimum sum of Rs. 14/- as bus fare every day. The petitioner belongs to Scheduled Caste Community and he hails from poor family. His native place is Muthukulathur Village, Ramanathapuram District. According to the petitioner, he is unable to spent more than Rs. 150/- per day towards bus fare, and therefore, he has decided to stay at Mens' Hostel, Madurai. For spending a sum of Rs. 150/- towards bus fare, or Rs. 14/- per day, neither the petitioner nor his parents is having sufficient source. In the Government Law College, Madurai, more than 50% of the students, belonging to Scheduled Caste Community, 45% of the students, belonging to Socially and Educationally Backward Class are studying. Since the Law College at Madurai is the only Law College in Madurai Region, large number of students are coming from neighbouring Districts, like, Ramanathapuram, Virudhunagar, Sivagangai, Dindigul and Theni Districts and only limited seats are available in Women's Hostel and Mens' Hostel and most of the students are coming by bus only and they are spending a sum of Rs. 50/- to Rs. 300/- per day towards traveling expenses and the same is the situation prevailing in Government Law Colleges situated in all parts of the State. The learned counsel appearing for the petitioner submitted that about 10,000 to 12,000 students are studying in Government Law Colleges and there may not be any loss to the Government by extending the said scheme, as, the Government is already spending more than Rs. 300/- crores every year. The petitioner, before filing this Writ Petition, has submitted a representation dated 8.8.2013 to the respondents with a request to extend the Free Bus Pass Scheme to the students studying in Government Law Colleges in the State. No action being taken, the petitioner has filed the present Public Interest Litigation for the relief stated earlier.

(2.) When the Writ Petition was posted for admission, on 20.8.2013, the learned Special Government Pleader was directed to take notice on behalf of respondents 1 to 4 and the learned counsel appearing for the petitioner was directed to serve notice on the learned Standing counsel appearing for the fifth respondent.

(3.) The learned Government advocate appearing for respondents 1 to 4 and the learned Standing counsel appearing for the fifth respondent argued the matter on merits. The only contention raised by the respondents is that extending free bus pass to any category of student is a policy decision of the Government and the petitioner, having submitted representation on 8.8.2013, is not justified in approaching this Court immediately, without giving breathing time to the Government to take a decision in this regard.