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Madras High Court · body

2013 DIGILAW 3014 (MAD)

V. Thisai Indiran v. State of Tamil Nadu, represented by its Chief Secretary, Chennai 9

2013-08-22

N.PAUL VASANTHAKUMAR, P.DEVADASS

body2013
ORDER 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. 2. 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 Men’s 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. 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. 3. 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. 4. 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. 5. The learned counsel appearing for the petitioner, on the other hand, submitted that it is an undisputed fact that the Transport Corporation has issued free bus pass to the students studying from standards I to XII in Government Schools, Government Aided Schools and Approved Schools and also the students studying in Government Arts Colleges and Engineering Colleges, with effect from 15.6.2012 and the said fact was published in a “Hindu Newspaper” on 30.4.2012. Even in the year 2011, the Hon’ble Chief Minister of Tamil Nadu launched a scheme of distribution of free bus passes to 27.2 lakhs school and college students and the same was published in Hindu Newspaper dated 5.7.2011. In the said news item, it is clearly stated that the scheme would entail an expenditure of Rs. 303.84 crore and the students of all schools in the State, Special Schools for persons with disabilities, (first standard to 12th standard), Arts and Science Colleges, Government Engineering Colleges, Government Polytechnics and Government Industrial Training Institutes would be covered under the scheme. 6. 303.84 crore and the students of all schools in the State, Special Schools for persons with disabilities, (first standard to 12th standard), Arts and Science Colleges, Government Engineering Colleges, Government Polytechnics and Government Industrial Training Institutes would be covered under the scheme. 6. The learned Government advocate appearing for respondents 1 to 4 and the learned Standing counsel appearing for the fifth respondent are not in a position to dispute the said extension of Free Bus Pass Scheme to the students studying in Government Arts Colleges and Government Engineering Colleges. 7. When that being the position, we are of the considered view that the petitioner is justified in contending that there is discrimination in extending free bus pass to the students, treating the students community, based on their admission in different courses and denying free bus pass to Law College Students is arbitrary, discrimination and violation of Article 14 of the Constitution of India. 8. The issue as to whether there can be any discrimination in treating the Law Colleges with that of other colleges was considered by the Hon’ble Supreme Court in the decision in State of Maharashtra v. Manubhai Pragaji Vashi reported in AIR 1996 SC 1 : (1995) 5 SCC 730 wherein the importance of law education was emphasized with reference to the enforcement of fundamental rights guaranteed under Article 21 of the Constitution of India. In the said judgment, the Hon’ble Supreme Court has further held that Article 21 of the Constitution of India read with 39(A) mandates or castes a duty on the State to afford grant-in-aid to recognized private Law Colleges, similar to other faculties, such as, Arts and Science, Engineering and Medicine. In the said Judgment, it was further held that the requirement is of such a great dimension, that sizable or vast number of dedicated persons should be properly trained in different branches of law. The principle behind the said Judgment is that there cannot be any discrimination by the State in treating the Law Colleges with that of other colleges. Here the case is extension of free bus pass to Law College Students to that of students of Government Arts and Science Colleges, Engineering Colleges, Government Polytechnics. 9. The principle behind the said Judgment is that there cannot be any discrimination by the State in treating the Law Colleges with that of other colleges. Here the case is extension of free bus pass to Law College Students to that of students of Government Arts and Science Colleges, Engineering Colleges, Government Polytechnics. 9. Applying the said Judgment to the facts of the present case, the writ petition is allowed with a direction to the respondents to extend the Free Bus Pass Scheme to the students, studying in Government Law Colleges in the State and pass orders to that effect within a period of two weeks from the date of receipt of a copy of this order. No costs. Petition allowed.