O R D E R

This review application has been filed to review the order dated

17.11.2021 passed in W.P.No.20666 of 2021.

2.It is represented by the learned Senior Counsel appearing for the petitioner that in the order dated 17.11.2021 passed by this Court in W.P.No.20666 of 2021, it has been observed that the learned counsel appearing for the petitioner therein has submitted that the matter in dispute is factual in nature and therefore, this Court may permit the petitioner to go before the competent Civil Court by producing all the necessary documents, however, such representation was not made by the learned counsel and would further submit that the petitioner filed the writ petition seeking to quash the order of the first respondent dated 02.09.2021 and to release the outstanding payments as per the petitioner Institute's representations dated

15.05.2019, 26.12.2019, 18.06.2020 and 24.08.2020 for the services provided by the petitioner Institute towards NEET coaching.

3.In view of the above, the order dated 17.11.2021 passed by this Court in W.P.No.20666 of 2021 is modified as follows:

(i)The petitioner has filed the writ petition seeking to quash the order of the first respondent dated 02.09.2021 and to release the outstanding payments as per the petitioner Institute's representations dated 15.05.2019, 26.12.2019, 18.06.2020 and 24.08.2020 for the services provided by the petitioner Institute towards NEET coaching.

(ii)The case of the petitioner is that the petitioner Institute is a company incorporated under the Companies Act, 1956 and registered on 22.03.2011. In the year 2017, the State Government of Tamil Nadu was indulging in a strenuous initiative to introduce free coaching classes for underprivileged students considering the announcement of CBSE wherein NEET was compulsorily to be held as on 06.05.2018.

(iii)The further case of the petitioner is that since the petitioner Institute was in a position to provide services in Tamil and English medium along with the necessary content and fulfilling all the requirements of the Government, the second respondent issued a letter dated 14.10.2017 requesting the petitioner Institute to enter into a Memorandum of Understanding (in short MOU) and they entered into an MOU dated 17.10.2017 and as per the same, 412 Government Schools were identified in Tamil Nadu to provide coaching classes in Tamil and English medium for Engineering and Medical Entrance Examinations.

(iv)The further case of the petitioner is that vide notice dated

08.11.2017, the Minister for School Education announced that the petitioner Institute will be conducting coaching classes and the distribution of books and further mentioned that steps have been taken by the Government to ensure that the said initiative would be exploited to the fullest for the well being of the students and vide G.O.No.255 dated 05.12.2017, a sum of Rs.19,78,93,224/- was allotted towards the NEET coaching classes for the students from Government and Government Aided Schools. The said project was titled as Thoduvanam and the Minister for School Education and the first respondent assured the petitioner Institute that all expenses in pursuance to this project will be taken care by the Government and the said project was inaugurated on 13.11.2017.

(v)The further case of the petitioner is that the Government passed G.O.Ms.No.3 dated 05.01.2018 wherein the Chairman, Confederation of Indian Industry (CII) had taken the initiative forward wherein it was proposed to set up an exclusive CII – Government of Tamil Nadu Joint Task Force on School Education System in Tamil Nadu and the said Government Order was copied to the petitioner Institute as members from NGO / Organization along with the first respondent and other members. After successful completion of one year of the project, the petitioner Institute vide their email dated 07.02.2018 submitted the budget for the centres to the respondents and in the said email, the split up for each centre inclusive of GST w