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Madras High CourtA/3160/2020ordered

Official Trustee Of Tamil Nadu v. No Respondent

2020-12-23Honourable Mr Justice R.Subbiah8 pages

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 utilize Rs.27,450/-(Rupees Twenty Seven Thousand Four Hundred and Fifty Only) out of the net income of FYs 2017-18, 2018-19 and 2019-20 of the Trust Estate of Diwan Bahadur A.Subbarayalu Reddiar to award scholarships to 2 students as detailed in the list annexed with this application and at the rates specified against each of them.

3. The submissions of learned Administrator General and Official Trustee are as follows:

(i) Late Diwan Bahadur A.Subbarayalu Reddiar by his Will dated 20.09.1921 and a Codicil dated 17.11.1921 created a trust for the benefit of poor students belonging to Reddy Caste. The Trust is being administered by the Official Trustee of Tamil Nadu. The income of the trust properties, after meeting all lawful expenses should be utilized for the cause of education of 1/8

poor students belonging to "Reddy Caste".

(ii)to fulfill the said object, the Office of the Administrator General and Official Trustee of Tamil Nadu has invited applications for award of scholarship for the years 2017-2018, 2018-2019 and 2019-2020 in the prescribed format through advertisement in "Daily Thanthi" dated 11.10.2020 for the fulfillment of the objectives of the Will of the Testator. (iii)a Common Paper Publication was effected inviting Applications for different types of scholarships for the academic years 2017-18, 2018-19 & 2019-20 and the details of the same are tabulated below: Sl Application details 1.

Advertisement made inviting applications for scholarship Paper Publication "Daily Thanthi"

dated 11.10.2020.

2.

Total No. of filled in applications Received from the candidates 3.

Total No. of filled in applications received after due date 4.

Total No. of filled in applications Received from the candidates within due time i.e. up to 30.10.2020.[Since 30.10.2020 to 01.11.2020 were holidays the application booked by post on 29.10.2020 and received on 02.11.2020 were included in this list] 2/8

Sl Application details 5.

Selected Candidates 6.

Candidates applied more than one academic year 7.

Total Rejected applications (iv)the filled in applications that were received within the prescribed time was scrutinized in the Office of the Administrator General and Official Trustee of Tamil Nadu and on scrutiny, some of the applications were treated as "Not eligible" for various reasons. The list of applications that were treated as not eligible and the reasons are detailed below: Sl No.of students First Graduate Out of Degree as per Advertisement More than one in the same family -- Other castes out of advertisement Unfilled applications Received Scholarship already from Govt./Other sources Applications received after due date Income above 2 lakhs Candidates applied more than one academic year Total (v)out of total 698 applications that were received in the office, 550 3/8

applications were rejected or disqualified and remaining 148 applications were categorized under the Trust Estate, the details of which are as follows: Total Applications Received Sl Name of the Estate Not Eligible Applications Eligible Applications K.Vedhantha Mudaliar OSG Pillai CKK Pillai P.R. Chetty T Venkata Subramaniam DBSR Mir Muzuriddhin G.Venkatasamy naidu Total (vi)In the Diwan Bahadur A.Subbarayalu Reddiar Trust Estate out of 11 candidates 2 of them are eligible for scholarship as detailed below: Sl.

Remarks Name of the Estate Diwan Bahadur A.Subbarayalu Reddiar Eligibility Students of Reddy Caste Total No. of filled in applications received No.of filled in applications received in time Filled in applications received out of time First Graduate -- 4/8

Sl.

Remarks Same family -- Unfilled applications Out of Degree as per Advertisement Received Scholarship already from -- Govt/Other sources Eligible Candidates 02 (As Submitted in the Annexure) (vii)the Funds Position of the Trust Estate of C.K. Krishnaswamy Pillai as on 07.12.2020 is as follows:

Total Fixed Deposits Rs.10,89,996.00 Less: Corpus Rs. 2,50,000.00 ------------------- Rs. 8,39,996.00 Cash on hand as on 07.12.2020 Rs. 8,601.00 ------------------- Funds position as on 07.12.2020 Rs. 8,48,597.00 ------------------- (viii)the Office of the Administrator General and Official Trustee of Tamil Nadu has received 11 applications totally, out of which, after thorough scrutiny, 2 applications were found eligible for Scholarship. The total net income available for FYs 2017-18, 2018-19 & 2019-20 in the Trust Estate of Diwan Bahadur A.Subbarayalu Reddiar is Rs.3,22,081/-(Rupees Three Lakh Twenty Two Thousand and Eighty One Only). The Official Trustee 5/8

further submits that in the year 2013-2014, scholarship was awarded to 14 students, for a sum of Rs.84,000/- (Rupees Eighty Four Thousand Only) and was distributed according to their educational qualifications as per the order of this Court dated 05.06.2015 in Application No.3212 of 2015. For the years 2014-2015, 2015-2016 and 2016-2017, scholarship was not awarded as there was no adequate fund available from the Trust Estate of Diwan Bahadur A.Subbarayalu Reddiar.

(ix)the Office of the Administrator General and Official Trustee of Tamil Nadu requires a sum of Rs.27,450/-(Rupees Twenty Seven Thousand Four Hundred and Fifty Only) for awarding scholarship for 2 eligible students for the years 2017-2018, 2018-2019 and 2019-2020. The details of the names of the candidates and the proposed amount of scholarship are annexed herewith.

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 utilize Rs.27,450/-(Rupees Twenty Seven 6/8

Thousand Four Hundred and Fifty Only) out of the net income of FYs 2017-18, 2018-19 and 2019-20 of the Trust Estate of Diwan Bahadur A.Subbarayalu Reddiar to award scholarships to 2 students as detailed in the list annexed with this application and at the rates specified against each of them. Accordingly, the application is ordered as prayed for. 23.12.2020 gm R.SUBBIAH, J gm 7/8

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