Official Trustee Of Tamil Nadu v. Nil
A. No.4755 of 2021 in A. No.2502 of 1964 M.DURAISWAMY, J.
The Administrator General and Official Trustee of Tamil Nadu, has filed the above application, to permit him to utilise Rs.10,000/- (Rupees Ten Thousand Only) out of the net income for the Financial Year 2020-2021 of the Trust Estate of Mir Muzheruddin, to award scholarships to 2 students for the academic years 2020-21 as detailed in the list annexed with this application.
2. The learned Official Trustee, has filed a report, which reads as follows:
The Official Trustee of Tamil Nadu humbly submits that by a Deed of Trust Dt.10.10.1929 Khan Bahadur Mir Muzherrudin Sahib Bhadur made provisions for his wife Azmathunisa Begum and for his step-mother Amuthula Begum Mir Ansaruddin and for certain education purposes. The Official Trustee has been appointed as Trustee.
2. The Official Trustee further submits that after the death of the said step-mother and wife of the Founder the whole of the net income of the trust should be utilized for educational purposes by providing scholarships to poor and deserving Muslim girls for study in Arts or Medicine. The persons to whom the said scholarships should be awarded, should be selected by the Official Trustee in consultation with M/s.Mir Zynuddin and Mir Amiruddin and with Mir Ahamed Shaffi, Bar-at-Law, Hyderabad , Deccan son of the Settlor's wife's sister or
any of them. However, the whereabouts of the said persons are not known to us. No one from the family of the founder of the trust has been in touch with the office of the Official Trustee of Tamil Nadu.
3. The Official Trustee further submits that the Office of the Administrator General and Official Trustee of Tamil Nadu have invited applications for award of scholarship for the year 2020-21 in the prescribed format through advertisement in Daily Thanthi" Dt. 05.09.2021 for the fulfillment of the objectives of the Will of the Testator.
4. The Official Trustee further submits that a Common Paper Publication was effected inviting Applications for different types of scholarships for the academic years 2020 - 21 and the details of the same are tabulated below:
Sl.
No.
Description Application Details Paper Publication "Daily Thanthi"
dt.05.09.2021 1.
Advertisement made inviting applications for scholarship 2.
Total No. of filled in applications received from the candidates 3.
Applications received after due date 4.
Total No. of filled in applications received from the candidates within due time i.e.
up to 28.09.2021 5.
Selected Candidates 6.
Total Rejected applications
5. The Official Trustee further submits that 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. 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.
Description No. of students 1.
First Graduate -- 2.
Out of Degree as per Advertisement 3.
Male student of Muslim Community applied (Not Eligible) 4.
Incomplete Application 5.
Received Scholarship already from Govt./ Other sources 6.
Applications received after due date 7.
Caste Not mentioned 8.
Candidates applied for the academic year 2021-22 Total
6. The Official Trustee further submits that out of total 139 applications that were received in the office, 108 applications were rejected or disqualified and of remaining 31 applications were categorized under the Trust Estate, the details of which are as follows: Sl.
No.
Name of the Estate Total Applications Received Not Eligible Applications Eligible Applications 1.
K.Vedantha Mudaliar 2.
OSG Pillai 3.
CKK Pillai 4.
P.R.Chetty 5.
T.Venkata Subramaniam 6.
DBSR 7.
Mir Muzuriddhin 8.
G.Venkatasamy Naidu 9.
No Estate/Caste Not mentioned Total
7. The Official Trustee further submits that in Mir Muzherruddin Trust Estate out of 8 candidates 2 of them are eligible
for scholarship as detailed below:
Sl.
No.
Description Remarks 1.
Name of the Estate Khan Bahadur Mir Muzherruddin Sahib Bhadur 2.
Eligibility Muslim Girl students of Arts or Medicine 3.
Total No. of filled in applications received 4.
No. of filled in applications received in time 5.
Filled in applications received out of time -- 6.
First Graduate -- 7.
Same Family -- 8.
Unfilled applications 9.
Male students applied [Not eligible]
10. Received Scholarship already from Govt/ Other sources --
11. Candidates applied more than one academic year
12. Eligible Candidates 2 (As submitted in the Annexure)
8. The Official Trustee further submits that the Funds Position of the Trust Estate of Mir Muzherruddin as on 19.11.2021 is as follows:
Total Fixed Deposits Rs.2,64,639.00 Less: Corpus Rs.1,27,500.00 ------------------ Rs.1,37,139.00 Cash on hand as on 19.11.2021 Rs. 6,234.00 ------------------ Funds position as on 19.11.2021 Rs.1,43,373.00 ------------------
9. The Official Trustee further submits that the Office of the Administrator General and Official Trustee of Tamil Nadu has received a total of 8 applications, out of which, after thorough scrutiny 2
applications were found eligible for Scholarship. The total net income available for FYs 2020-21 in the Trust Estate of O.S.G.Pillai is Rs.11,781/-(Rupees Eleven Thousand Seven Hundred and Eighty One Only).
10. The Official Trustee further submits that in the years 2017-18, 2018-19 and 2019-20 scholarship was awarded to 21 students, for a sum of Rs.21,000/- (Rupees Twenty One Thousand Only) and was distributed according to their educational qualifications as per the order of the Hon'ble High Court dated 20.01.2021 in A. No.61 of 2021 in Application No.2502 of 1964.
11. The Official Trustee further submits that the Office of the Administrator General and Official Trustee of Tamil Nadu require a sum of Rs.10,000/-(Rupees Ten Thousand Only) for awarding scholarship for the 2 eligible students for the years 2020-2021. The details of the Name of the candidate and the proposed amount of scholarship are annexed herewith.
The Official Trustee therefore, submits and prays that (i)This Hon'ble Court may be pleased to permit the Official Trustee to utilize Rs.10,000/-(Rupees Ten Thousand Only) out of the net income of FYs 2020-21 of the Trust Estate of Mir Muzheruddin to award scholarships to 2 students for the academic years 2020-21 as detailed in the list annexed with this application.
(ii) To pass such other or further orders as this Hon'ble Court may deem fit in the case and thus render justice.
Submitting as above, the learned Administrator General and Official Trustee, prays for the relief sought for in the Judge's Summons.
3. Considering the submissions made, this court grants
permission to the learned Administrator General and Official Trustee of Tamil Nadu, to utilise Rs.10,000/- (Rupees Ten Thousand Only) out of the net income for the Financial Year 2020-2021 of the Trust Estate of Mir Muzheruddin, to award scholarships to 2 students for the academic years 2020-21 as detailed in the list annexed with this application, as per the eligibility norms.
4. Accordingly, the application is ordered, as prayed for. 17.12.2021 Asr
M.DURAISWAMY, J.
Asr A. No.4755 of 2021 in A. No.2502 of 1964 17.12.2021