J S ARUNKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner enrolled himself for five years B.A.B.L. Degree Course with the Government Law College, Chengalpattu/respondent No.3 for the academic years 2004 -2009. Third respondent's College was affiliated to Dr.Ambedkar Law University/respondent No.2. It is, thus, the say of the petitioner that at the time of his admission in the first year in 2004, respondent No.3 had collected a sum of Rs.17,125/ - towards admission, including Rs.10,000/ - as tuition fees. The fee was also paid for the second year, which is 2005 -2006. Third respondent's College was brought under the control of the Government during the academic year 2006 -2007 and from then onwards, third respondent's College collected the fee prescribed for other Government Law Colleges in Tamil Nadu.

(2.) CASE of the petitioner is for refund of the fee paid in the academic years 2004 -2006 based on G.O.Ms.No.722, Social Welfare Department, dated 13.10.1977. In terms of Clause (2) of the Government Order, the decision of the Government inter alia is not to collect the tuition fees from the candidates belonging to Scheduled Tribes, Scheduled Castes and Converts therefrom regardless of the income of their parents from that academic year. It is, thus, the submission of the petitioner that he is entitled to refund of the fee.

(3.) ON a query, the learned Government Pleader representing respondent Nos.1 and 3 as well as the learned counsel appearing for respondent No.2/Dr.Ambedkar Law University are, ad idem on the issue, that the Government Order dated 13.10.1977 would apply even during period when the College partakes the character of self -financing institution under the ageis of the University. Thus, it is not in dispute that the Government Order dated 13.10.1977 would apply to the petitioner.