IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 21-07-2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.12440 of 2009 Minor.Dinesh Babu .. Petitioner. Versus 1.State of Tamilnadu, Rep. by its Secretary to Government, Transport Department, Fort St. George, Chennai. 2.Chairman, Governing Council, Institute of Road Transport, Taramani, Chennai. 3.Managing Director, Tamil Nadu State Transport Corporation, Salem. .. Respondents. Prayer: Petition filed seeking for a Writ of Mandamus, directing the respondents 1 to 3 herein and more particularly the third respondent herein to consider the petitioner representation, dated 22.5.2009, followed by the representation 28.5.2009 and 17.6.2009, and to furnish the application form to apply for the 1st year MBBS course in Perunthurai Medical College at Erode run by the 2nd respondent herein. For Petitioner : Mr.S.Xavier Felix For Respondents : Ms.Dakshayani Reddy Government Advocate (R1) Ms.Kala Ramesh (R2) Mr.Jayesh B.Dolia (R3) O R D E R
Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents.
2. By consent of the parties, the writ petition is taken up for final hearing and disposal.
3. The petitioner’s mother has filed the affidavit in support of her minor son, R.S.Dinesh Babu, stating that her husband, R.P.Sivaselvan had served in the Tamil Nadu State Transport Corporation, previously known as Anna Transport Corporation Limited, under the third respondent. He has joined as an Assistant Engineer during the year, 1984. As such, he had served under the third respondent from the year, 1984, till the month of April, 1998, for a period of nearly 14 years, with an unblemished record of service. Thereafter, he had joined the Transport Department of the Government of Tamil Nadu, in the month of April, 1998, as a Motor Vehicle Inspector. After, he had resigned from the service of the third respondent.
4. It has been further stated that the Institute of Road Transport is running the Perunthurai Medical College, an Engineering College and some other educational institutions, for the wards of the employees of the Transport Corporation, either retired or deceased. A Scheme had been mooted by the Institute to contribute towards the educational fund of the employees, by making monthly payments of Rs.20/-, for a period of 88 months. The said amount had been paid by the father of the petitioner. Accordingly, he has been in the live roles of the second respondent Institute. While so, R.P.Sivaselvan had died in a road accident, on 15.11.2001, at the age of 40 years leaving behind his wife N.I.Maheswari and his two sons. The petitioner, R.S.Dinesh Babu, who is one of the sons of R.P.Sivaselvan, had passed the Higher Secondary Examinations conducted in the March, 2009, securing 1151 marks out of 1200 marks. Based on his performance in the Higher Secondary Examinations, the petitioner wanted to apply for admission in the M.B.B.S. Course, in Perunthurai Medical College, for the academic year 2009-2010.
5. It has been further stated that the petitioners mother had approached the third respondent to obtain an application form, to apply for the M.B.B.S course, in Perunthurai Medical College, on 22.5.2009, in person and she had also made a request by Post stating that the petitioner, as the ward of R.P.Sivaselvan, was entitled to apply for admission in the M.B.B.S. course at Perunthurai Medical College, as he had secured the cut off marks of 193.25 out of 200 marks. Another request had been made by the mother of the petitioner, on 28.5.2009. However, the third respondent did not consider the request made on behalf of the petitioner.
6. It has been further stated that in the instructions to the candidates seeking admission to the medical course it has been mentioned that, for applying for the medical course, the applications from the children of the deceased/retired employees, whose names are on the live roles of the Scheme, would be eligible. Since the father of the petitioner had been contributing towards the educational scheme, for admission of the wards of employees, the petitioner would be entitled to apply for admission in Perunthurai Medical College, for the M.B.B.S. Course, for the academic year 2009-2010. Therefore, the refusal of the respondents to furnish the application form, for admission to the M.B.B.S. Course, for the academic year 2009-2010, in Perunthurai Medical College, is arbitrary and illegal.
7. In the counter affidavit filed on behalf of the third respondent, it has been stated that late R.P.Sivaselvan, father of the petitioner, had been appointed as an Assistant Engineer Trainee, in the third respondent Corporation, with effect from 7.12.1984. He was regularly appointed as an Assistant Engineer, with effect from 1.3.1986. He had been promoted as an Assistant Manager, from 26.12.1984. However, during the year, 1998, he had resigned his post in the third respondent Corporation and opted to join as a Motor Vehicle Inspector in the Transport Department of the Government of Tamil Nadu. The resignation of the petitioner had been accepted, with effect from 21.4.1998, and all the monetary and other benefits had been settled. While resigning his post, he had consciously agreed to forego all the benefits that had arisen and which may arise in the future, by virtue of his service rendered in the third respondent Corporation. On the acceptance of his resignation the employer-employee relationship between R.P.Sivaselvan and the third respondent Corporation had seized.
8. It has been further stated that the Perunthurai Medical College is not under the control of the third respondent Corporation. From the records it has been noted that the deceased father of the petitioner had contributed a sum of Rs.1760/-, by way of 88 equal monthly instalments of Rs.20/-. The amount remitted by him had been remitted to the second respondent. The said amount had not been refunded to his legal heirs as there had been no request made by them. The letter, dated 22.5.2009, alleged to have been sent on behalf of the petitioner, had not been received by the third respondent. However, a letter, dated 28.5.2009, had been received by the third respondent. It was explained to the petitioner’s mother that the petitioner would not be entitled for admission in M.B.B.S. Course, in Perunthurai Medical College, for the academic year 2009-2010, as a ward of R.P.Sivaselvan, as he had resigned from his service in the third respondent Corporation. Further, the name of R.P.Sivaselvan is not in the live roles of the third respondent. It has also been stated that the petitioner would not be entitled for submitting his application, for admission to the M.B.B.S. Course, in Perunthurai Medical College, for the academic year 2009-2010, as the last date for submitting the application was 22.6.2009. In such circumstances, the writ petition is liable to be dismissed.
9. In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondents, this Court is of the considered view that the petitioner has not shown sufficient cause or reason for granting the reliefs, as prayed for, in the present writ petition. No records have been shown on behalf of the petitioner to substantiate the claim that the name of the late R.P.Sivaselvan, the father of the petitioner, is in the live roles of the third respondent Corporation. Further, it is seen that R.P.Sivaselvan had resigned from the service of the third respondent Corporation and he had joined the Transport Department of the Government of Tamil Nadu, as a Motor Vehicles Inspector, in the year, 1998. Though the wards of the employees of the third respondent Corporation, either deceased or retired, will be entitled to apply for admission in the medical course in Perunthurai Medical College, the petitioner would not be entitled to such a privilege as his father R.P.Sivaselvan had resigned from his service, in the third respondent Corporation, in the year 1998, itself. It is clear that only the wards of deceased and retired employees of the third respondent Corporation would be eligible to apply for the M.B.B.S. Course, in Perunthurai Medical College, as a special category. Such a privilege cannot be extended to the wards of resigned employees. In such view of the matter, the writ petition is liable to be dismissed, as being devoid of merits. Accordingly, the writ petition stands dismissed. No costs.
csh
To
1. The Secretary to Government,
State of Tamilnadu,
Transport Department,
Fort St. George, Chennai.
2.Chairman, Governing Council,
Institute of Road Transport, Taramani,
Chennai.
3.Managing Director,
Tamil Nadu State Transport Corporation,
Salem
