Madras High CourtA/1468/2021ordered

Official Trustee Of Tamil Nadu v. No Respondent

2021-04-01Honourable Mr Justice R.Subbiah19 pages

Application Nos.1468, 1469, 1470, 1471, 1472 and 1473 of 2021 in R.SUBBIAH, J This Court is held by Video Conference.

2. This application has been filed seeking permission to the Official Trustee of Tamil Nadu to give ➢meritorious award of Rs.30,000/- (Rupees Thirty Thousand Only) to each one SC, MBC and BC student who secured first mark in B.A. degree shift-I from Pachaiyappa's College for Women, No.1, Vegavathi Nandhi Road, Little Kanchipuram, Kanchipuram 631 501 w.e.f. academic year 2020-21 from the surplus funds of N.V. Ammal Trust Estate; ➢meritorious award of Rs.40,000/- (Rupees Forty Thousand Only) to each one SC, MBC and BC student who secured first mark in B.Sc. degree shift-I from Pachaiyappa's College for Women, No.1, Vegavathi Nandhi Road, Little Kanchipuram, Kanchipuram 631 501 w.e.f. academic year 2020-21 from the surplus funds of N.V. Ammal Trust Estate; ➢meritorious award of Rs.20,000/- (Rupees Twenty Thousand Only) to each 1/19

one SC, MBC and BC student who secured first mark in B.Com degree shift-I from Pachaiyappa's College for Women, No.1, Vegavathi Nandhi Road, Little Kanchipuram, Kanchipuram 631 501 w.e.f. academic year 2020-21 from the surplus funds of N.V. Ammal Trust Estate; ➢meritorious award of Rs.30,000/- (Rupees Thirty Thousand Only) to each one SC, MBC and BC student who secured first mark in B.A. degree shift-I from Chellammal Women's College, No.112, Anna Salai, Chennai-32, w.e.f. academic year 2020-21 from the surplus funds of N.V.Ammal Trust Estate;

➢meritorious award of Rs.40,000/- (Rupees Forty Thousand Only) to each one SC, MBC and BC student who secured first mark in B.Sc. degree shift-I from Chellammal Women's College, No.112, Anna Salai, Chennai-32, w.e.f. academic year 2020-21 from the surplus funds of N.V.Ammal Trust Estate ; and ➢meritorious award of Rs.20,000/- (Rupees Twenty Thousand Only) each one SC, MBC and BC student who secured first mark in B.Com degree shift-I from Chellammal Women's College, No.112, Anna Salai, Chennai-32, w.e.f. academic year 2020-21 from the surplus funds of N.V.Ammal Trust 2/19

Estate.

3. The learned Administrator General and Official Trustee has submitted a report dated 25.03.2021, in which it is stated as follows: (i) the office of the Administrator General and Official Trustee of Tamil Nadu [AG & OT] has been administrating more than 150 Trust Estates. There are properties in the Trust Estates and rental income deriving from it are put it in fixed deposit. Out of the rental and interest income, the O/o AG & OT has been doing charities, maintenance to the beneficiaries, scholarship to the students, salary to estate staff, making statutory charges to government, paying income tax, meeting other necessary expenses. Apart from that, as per the orders of this Court donation by way of things, articles and medical machines etc. have been given to the NGOs and other institutions based on their request.

(ii)the Trust Estate of N.Visalakshi Ammal is under the administration of the Official Trustee of Tamil Nadu as per Scheme Decree dated 22.02.1915 in C.S. No. 363 of 1912. The Trust Estate of NV Ammal has various properties and fixed deposits. Out of the income generated from it the charities has 3/19

been done as per the intension of the Testator and the orders of this Court. (iii)recently, monthly rent has been revised and there is a substantial increase of income. By taking note of the same, a new award cum scholarship scheme to the students studying in professional courses has been designed in A.Nos. 1410 & 1411 of 2020 in C.S. No. 363 of 1912 and the same was ordered by this Court by order dated 19.06.2020.

(iv)as per the Division Bench of Madras High Court's Judgment dated 23.12.2020 in O.S.A.No.346 of 2019 Batch, the Administrator General and Official Trustee of Tamil Nadu has been appointed as Administrator of Pachaiyappa's Trust to administer its properties and institutions. The AG & OT has assumed charge of the Administrator of Pachaiyappa's Trust on 08.01.2021. Then the AG & OT has inspected some of the properties in Chennai, Cuddalore, Sirkazhi and Thiruvaiyaru. In addition to that the AG & OT has inspected five schools and four colleges in Chennai, Kancheepuram, Cuddalore and Chidambaram.

(v)as per the Division Bench's Judgment referred above, the AG & OT has to consult with the Advocate General for Tamil Nadu to administer the Pachaiyappa's Trust. To take forward the mission and vision of the Testator 4/19

when the first formal meeting was taken place between the learned Advocate General Mr. Vijaya Narayanan and the AG & OT, the Advocate General has suggested the AG & OT to think over to award any type of scholarship or meritorious award to the poor and weaker section students invariably studying in the Pachaiyappa's institutions.

(vi)in the second round of formal meeting in the presence of Portfolio Judge for AG & OT, the learned Advocate General further stressed the AG & OT to ponder over to award scholarship to the students studying in Pachaiyappa's institutions from and out of any surplus fund available from the O/o AG & OT. On hearing the learned Advocate General, the Hon'ble Portfolio Judge for AG & OT wholeheartedly welcomed that proposal and instructed the AG & OT to prepare a plan to give meritorious award to the students of Pachaiyappa's institutions. After several rounds of thought process this meritorious award is prepared. The AG & OT acknowledges the ignition initiated by the learned Advocate General and endorsed by the Portfolio Judge for AG & OT.

(vii)the data collected from the Pachaiyappa's Trust with regard to colleges 5/19

under the Pachaiyappa's Trust reveals that there are 6 colleges in 3 districts of Chennai, Kancheepuram and Cuddalore. The first college was established in Chennai in the year 1879 nearly one and half centuries ago in the name of Pachaiyappa's College. The last college was started in 1971 at Chennai more than one and half century with the name of Chellammal Women's College, Guindy, Chennai. In between those periods other three colleges were started in 1950 and 1967. All the colleges are aided Colleges. The other administrative infrastructure expenditures have been met out by Pachaiyappa's Trust. The Colleges are offering Undergraduate, Postgraduate and Research courses. In addition to that self financial courses are also offering in Shift-II. The details of college names, year of establishment, Undergraduate courses offered and current Undergraduate academic year total students strength are given below in a tabular format: U.G. Course Offered Total Students Strength Aided (Shift-I) Aided (Shift-I) Year of Establis hment Sl.

No.

Name of the College B.A Historical Studies Economics Philosophy Tamil English UG Pachaiyappa's College, 113, EVR, Periyar High Road, Shenoy Nagar, 6/19

U.G. Course Offered Total Students Strength Aided (Shift-I) Aided (Shift-I) Year of Establis hment Sl.

No.

Name of the College B.Sc Maths Physics Chemistry Plant Bio.

Adv. Zoology B.Com Corporate Secretaryship General Chennai-600 030 B.A.

History (General) Economics (A & F) B.Sc Maths Physics Chemistry Zoology B.Com (General) Pachaiyappa's College for Men, Nasarath Pettai, Chengalpattu Main Road, Kanchipuram.

631 502 UG C.Kandaswami Naidu College for Men, III Avenue, E7, Anna Nagar East, Chennai- 600 102 B.A Economics B.Sc Maths Physics Chemistry B.Com General UG C.Kandaswami Naidu College B.A Tamil UG 7/19

U.G. Course Offered Total Students Strength Aided (Shift-I) Aided (Shift-I) for Women, SH9, Semmandalam, Cuddalore607001 Year of Establis hment Sl.

No.

Name of the College English History Economics B.Sc Maths Chemistry Botany Zoology Pachaiyappa's College for Women, No.1,Vegavathi Nandhi Road, Little Kancheepuram, Kancheepuram 631 501 B.A English Literature Economics B.Sc Chemistry Zoology B.Com General UG Chellammal Women's College, No.112, Anna Salai, Guindy, Chennai-32 B.A Tamil English Economics B.Sc Chemistry Zoology B.Com General UG (viii)during the Official Trustee's inspection, the Principals and faculties of the colleges have made a general appeal to the Official Trustee that either to 8/19

give scholarship or meritorious award to the poor and deserving students studying in the colleges run by the Pachaiyappa's Trust in different places from the funds of Official Trustee. On interacting with the Principal and other Professors it is felt by the Official Trustee that the surplus funds from trusts may be utilized to give meritorious award to the students who have passed with highest marks in under graduate regular course [shift-I aided college] in the colleges run by Pachaiyappa's Trust. (ix)the great Vallal Pachaiyappa Mudaliar died at the age of 40 in the year 1794 by leaving a Will by bequeathing his properties to various charities.

After his demise the boards of trustees have started educational institutions to cultivate knowledge to the students in Chennai and the rural districts of then South Arcot and Chengulput Districts at Cuddalore and Kancheepuram respectively. The above referred institutions are pioneer in the higher educational field to educate the people. Great leaders studied in the colleges. To encourage and motivate the people and make healthy competitiveness among the students to secure highest marks, the Official Trustee is in firm opinion that the meritorious award will make at least some level of increasing the knowledge of students .

(x)As per the intention of the Testator N.V. Ammal after the expenditure of charities, government cess and other attending expenditure the balance net income should be handed over to the Pachaiyappa's charities. It has been done then and there. From and out of the surplus fund of N.V. Ammal Trust Estate the Official Trustee suggested by this report that meritorious award to the students who secure highest marks in the undergraduate courses of B.A., B.Sc., and B.Com from the Pachaiyappa's College for Women, Kanchipuram Anna and Chellammal Women's College, Chennai run by the Pachaiyappa's Trust may be considered.

(xi)this meritorious award is restricted only to the undergraduate degree of B.A., B.Sc. and B.Com in regular courses of aided Colleges. The students who have passed postgraduate degree and research degree are not entitled to the award. Further, the students who have studied even in undergraduate degree in the self financing courses [Shift-2] in the above colleges are not eligible to receive this award.

(xii)the B.A. degree means in any discipline of History, Historic studies, Economics, Psychology, Ethics, Tamil, English alike that. B.Sc. degree 10/19

means any discipline of Maths, Physics, Chemistry, Botony, Zoology and alike that. B.Com means B.Com General, B.Com Corporate Secretaryship and alike that. Therefore, the students who have passed any degree of B.A., B.Sc., and B.Com are eligible to avail this meritorious award from any of the colleges mentioned above.

(xiii)it is proposed to give the meritorious award to the socially, economically weaker section students only from the SC, MBC and BC communities. Therefore, the FC or open category communities' students are not eligible to get this award. The SC communities includes of SC, SC (A) and ST. The MBC communities includes of MBC (V), MBC - DC and MBC. BC communities include BC and BC (M).

(xiv)each one student from SC, MBC and BC is eligible to get this award from each degree of B.A., B.Sc., and B.Com. with any discipline who secures highest marks in the main degree. In a better understanding one student from each SC, MBC and BC are eligible to get meritorious award from B.A. degree from each college. In the same manner one from each SC, MBC and BC student are eligible to get meritorious award with B.Sc. degree and one from each SC, MBC and BC student are eligible to get award having passed 11/19

with B.Com degree. Further conditions to avail the award is as follows: • The student must belong any one of SC [SC, SC(A) & ST], MBC [MBC (V), MBC - DC & MBC] and BC [BC & BC(M)].

• The student should have passed the degree within 3 years and should left the college with the degree.

• The arrears papers, if any, of first year and second year or first semester to fifth semester, as the case may be, should have been passed in the last year or last semester examination.

• All the three years overall marks is to be considered to select the students to get this award within the same community for each degree of B.A., B.Sc., and B.Com.

• The highest mark scored students from each degree and each community will be honoured by giving this award.

• If more than one students get equal marks in any one of the degree within the same community this award would be equally divided and paid to them.

• The Principal of the respective colleges has to form a selection committee of three faculties to select the student to get this award. 12/19

• It is advisable to the Principal that the members of the selection committee should be senior faculty preferably from each degree of B.A., B.Sc., and B.Com.

• Further that three members selection committee faculties may be from each one of SC, MBC and BC community to safeguard the interest of the students.

(xv)there are more students studying in B.A. and B.Sc. degree having more disciplines. But in B.Com degree the discipline is one or two. The B.Com students strength is normally in two digits but in rare case in three digits. Further comparison between B.A. and B.Sc., the former is an art and the latter is a science. Passing of B.A. is normal than B.Sc. Therefore, it is proposed to fix the award amount by taking competiveness among the large number of students within B.A. and B.Sc. degree a sum of Rs.30,000/- and Rs.40,000/- is fixed respectively. For B.Com. the competiveness is less and therefore, Rs.20,000/- is fixed for this award. (xvi)The three members selection committee has to finalize the highest mark scored student list in each degree of B.A., B.Sc., and B.Com with 13/19

community category wise and then submit a report with tabular column to thePrincipal and the same will be forwarded to the Official Trustee to give meritorious award.

(xvii)considering the same, the following meritorious cash award is proposed as follows:

Each One Student Award Amount in Rs.

Pachaiyappa's College for Women, No.1,Vegavathi Nandhi Road, Little Kancheepuram, Kancheepuram 631 501 Sl.

No.

College name Undergraduate Topper in College level Community Category (each one) B.A.

English Literature Economics SC MBC BC Rs.30,000/- Rs.30,000/- Rs.30,000/- Rs.40,000/- Rs.40,000/- Rs.40,000/- B.Com General SC MBC BC SC MBC BC B.Sc.

Chemistry Zoology Rs.20,000/- Rs.20,000/- Rs.20,000/- 2.

Chellammal Women's College, No.112, Anna Salai, Guindy, Chennai-32 B.A.

Tamil English Economics SC MBC BC Rs.30,000/- Rs.30,000/- Rs.30,000/- B.Sc.

Chemistry Zoology SC MBC BC Rs.40,000/- Rs.40,000/- Rs.40,000/- B.Com General SC MBC BC Rs.20,000/- Rs.20,000/- Rs.20,000/- 14/19

Each One Student Award Amount in Rs.

Sl.

No.

College name Undergraduate Topper in College level Community Category (each one) Total Rs.5,40,000/- (xviii)the total award expenditure comes to Rs.5,40,000/- per year and the said amount may be meted out from the surplus funds of N.V. Ammal. This award will be very useful to the students for their further higher studies. In the event of no adequate fund or surplus fund available in any year, this award may be either withheld to the relevant year or it may be given in the future year. Final decision is with the Official Trustee and no student or Pachaiyappa's Trust Colleges have any say in this regard. (xix)this meritorious award be implemented from the academic year 2020-21 examination. The award should be given in the student's name.

The particulars of students name, highest mark, address, their bank detail and identity proof are to be collected by the respective Principal and send directly to the Official Trustee to give meritorious award. (xx)the Principal, Professors or any one should not collect any amount from the student the purpose of getting award amount for any purpose of sending tapals, flag day contribution, or other similar way.

on the above aspects, against anyone it is presumed as corrupt practice and criminal as well as departmental action will be initiated against concerned through proper channel. The process of sending the above particulars be completed between August and September of every year. The O/o AG & OT have to pay the award between October and November of every year. (xxi)by way of Doctrine of Cypress this Court has power to expand the scope of charity from the N.V.Ammal Trust not only to the poor students studying in Pachaiyappa's institutions or other institutions but also to the students studying from different community in Pachaiyappa's Colleges. Submitting as above, learned Administrator General and Official Trustee prays for the above relief.

4. Considering the submissions made, this Court grants permission to the Official Trustee of Tamil Nadu to give ➢meritorious award of Rs.30,000/- (Rupees Thirty Thousand Only) to each one SC, MBC and BC student who secured first mark in B.A. degree shift-I 16/19

from Pachaiyappa's College for Women, No.1, Vegavathi Nandhi Road, Little Kanchipuram, Kanchipuram 631 501 w.e.f. academic year 2020-21 from the surplus funds of N.V. Ammal Trust Estate; ➢meritorious award of Rs.40,000/- (Rupees Forty Thousand Only) to each one SC, MBC and BC student who secured first mark in B.Sc. degree shift-I from Pachaiyappa's College for Women, No.1, Vegavathi Nandhi Road, Little Kanchipuram, Kanchipuram 631 501 w.e.f. academic year 2020-21 from the surplus funds of N.V. Ammal Trust Estate; ➢meritorious award of Rs.20,000/- (Rupees Twenty Thousand Only) to each one SC, MBC and BC student who secured first mark in B.Com degree shift-I from Pachaiyappa's College for Women, No.1, Vegavathi Nandhi Road, Little Kanchipuram, Kanchipuram 631 501 w.e.f. academic year 2020-21 from the surplus funds of N.V.

Ammal Trust Estate; ➢meritorious award of Rs.30,000/- (Rupees Thirty Thousand Only) to each one SC, MBC and BC student who secured first mark in B.A. degree shift-I from Chellammal Women's College, No.112, Anna Salai, Chennai-32, w.e.f. academic year 2020-21 from the surplus funds of N.V.

17/19

Accordingly, the applications are ordered as prayed for. 01.04.2021 gm R.SUBBIAH, J gm 18/19

1472 and 1473 of 2021 in C.S.No.363 of 1912 01.04.2021 19/19