Madras High Court
Official Trustee Of Tamil Nadu vs Unknown on 19 June, 2020
Author: R.Subbiah
Bench: R.Subbiah
A.Nos.1416 and 1417 of 2020 in O.P.No.278 of 1948
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
Application Nos.1416 and 1417 of 2020 in O.P.No.278 of 1948
Official Trustee of Tamil Nadu,
High Court Campus, Chennai-600 104.
.. Applicant in both the applications
Judge's Summons issued under Order XIV Rule 8 of the Original Side
Rules of this Court and under Section 25 of the Official Trustee's Act 11 of
1913, and Appln.No.1416 of 2020 in O.P.No.278 of 1948 (in the matter of
the Last Will and Testament of C.Kandasamy Naidu (deceased)) is filed
praying to permit the Official Trustee of Tamil Nadu to meet out the paper
publication cost and other incidental expenses from the Trust Estate of
C.K.Naidu.
Judge's Summons issued under Order XIV Rule 8 of the Original Side
Rules of this Court and under Section 25 of the Official Trustee's Act 11 of
1913, and Appln.No.1417 of 2020 in O.P.No.278 of 1948 (in the matter of
the Last Will and Testament of C.Kandasamy Naidu (deceased)) is filed
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A.Nos.1416 and 1417 of 2020 in O.P.No.278 of 1948
praying to permit the Official Trustee of Tamil Nadu for granting
scholarship of Rs.1,00,000/- and one sovereign Gold Medal each to one boy
student and one girl student from the Scheduled Tribe of Tamil Nadu who
has passed with minimum 60% marks or equivalent grade system in their +2
final examination and studying under-graduate medical or para-medical
course subject to passing of First year all papers/syllabus with 50% marks
aggregate from the Trust Estate of C.K.Naidu surplus funds commencing
from the Academic Year 2019-2020 of medical course.
For applicant in both the applications: Mr.P.Murugan, A.G. & O.T.
COMMON ORDER
Appln.No.1416 of 2020 in O.P.No.278 of 1948 (in the matter of the Last Will and Testament of C.Kandasamy Naidu (deceased)) is filed praying to permit the Official Trustee of Tamil Nadu to meet out the paper publication cost and other incidental expenses from the Trust Estate of C.K.Naidu.
2. Appln.No.1417 of 2020 in O.P.No.278 of 1948 (in the matter of the Last Will and Testament of C.Kandasamy Naidu (deceased)) is filed praying to permit the Official Trustee of Tamil Nadu for granting Page No.2/12 http://www.judis.nic.in A.Nos.1416 and 1417 of 2020 in O.P.No.278 of 1948 scholarship of Rs.1,00,000/- and one sovereign Gold Medal each to one boy student and one girl student from the Scheduled Tribe of Tamil Nadu who has passed with minimum 60% marks or equivalent grade system in their +2 final examination and studying under-graduate medical or para-medical course, subject to passing of First year all papers/syllabus with 50% marks aggregate from the Trust Estate of C.K.Naidu surplus funds commencing from the Academic Year 2019-2020 of medical course.
3. The learned Official Trustee of Tamil Nadu has filed a report, dated 15.06.2020, stating as follows:
(a) The office of the Administrator General and Official Trustee of Tamil Nadu (AG & OT) have been administrating more than 200 Trust Estates. There are properties to Trust Estates, and rental income deriving from it are put it in fixed deposits. Out of the rental and interest income, the Office of the learned AG & OT have been doing charities, maintenance to the beneficiaries, scholarship to the students, salary to estate staff, making statutory charges to Government, paying income tax and meeting other necessary expenses. Apart from that, as per the order of this Court, donation by way of articles and medical equipments etc., have been made to the NGOs and other institutions based on their request.Page No.3/12
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(b) There are about more than 20 major Trust Estates with the administration of the Office of the AG & OT. Those Trust Estates have immovable properties of land and buildings. From the immovable properties, monthly rent has been collected from the tenants. There are Fixed Deposits in the Bank. Out of the Fixed Deposits, interest income also got generated. The object of the Trust has been done then and there.
(c) In addition to the charities done, whenever surplus amount is available, once a request has been received from a NGO, Government Institution and an individual for donation either by cash or articles/equipment/vehicle etc., the same had been considered by this Court and the Official Trustee was directed to do the same. It has been done then and there.
(d) The Official Trustee is administering one of the Trust Estate of C.Kandasamy Naidu, as per his last Will, dated 21.05.1948. This Court granted Letters of Administration to the Official Trustee by order dated 05.10.1948 in O.P.No.278 of 1948. The Trust Estate of C.K.Naidu has various properties and fixed deposits. Out of the income generated from it, the charities had been done as per the intention of the Testator and the orders of this Court.
(e) In the recent past, the monthly rent was slightly enhanced or vacant property was let out and out of it, the said Trust Estate's monthly income had increased. As of the year 2019-2020, a sum of Page No.4/12 http://www.judis.nic.in A.Nos.1416 and 1417 of 2020 in O.P.No.278 of 1948 Rs.4,98,56,953.10 is available with the Official Trustee as total surplus amount of the Trust Estate, subject to auditor’s final statement / report.
(f) The main purpose of forming a Trust Estate in large number of cases is to help the society, particularly the poor. Though the office of the AG & OT have been performing and doing the charity as per the intention of the Testator and the order of this Court, there are some surplus amount which may be utilized to award scholarship to the deserving students who secure highest marks in their +2 examination and continuing their higher studies of professional degree in colleges. In similar set of facts, this Court had already permitted the Official Trustee of Tamil Nadu to award scholarship to the students who secured highest marks in their +2 examination as per the order passed in A.No.5293 of 2005 and A.No.5294 of 2005.
(g) The people, particularly, Schedule Tribe, are living in a poor condition having no adequate resources and access. To encourage the students from the Schedule Tribe, a scholarship scheme may be framed from the surplus funds available in the Trust Estate of C.K.Naidu. The scholarship scheme is awarding Rs.1,00,000/- with one sovereign Gold medal each to one boy student and one girl student, who secure highest marks in their +2 examination and doing under-graduate medical course, subject to passing of all papers/syllabus in the first year medical course from the Schedule Tribe people across the state of Tamil Nadu.
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(h) The eligibility criteria, selection procedure for scholarship and the procedure to call for application from students to award the scholarship, are given below:-
(A) Eligibility for Scholarship Award
(i) The student should be a Schedule Tribe (ST) residing in Tamil Nadu as declared by the appropriate Government. A proof of Community Certificate is must.
(ii) One boy student and one girl student each are eligible to avail this Gold medal and Cash scholarship award.
(iii) The student must have passed the Higher Secondary examination (+2) in Tamil medium with minimum 60% of aggregate mark or equivalent grade system. If no student is available from Tamil medium, student from English medium is eligible.
(iv) The student must have studied in the Government/Aided/Corporation/Municipal/Tribal Department/Forest Department School in the State of Tamil Nadu.
(v) The student should have been studying in any one of the under-
graduate medical courses of M.B.B.S., B.D.S., B.A.M.S., B.H.M.S., B.U.M.S., B.S.M.S. and alike that. If no student from under-graduate medical course is available, the para-medical course student is eligible to be considered. Under-Graduate para-medical courses are:
Page No.6/12http://www.judis.nic.in A.Nos.1416 and 1417 of 2020 in O.P.No.278 of 1948 Nursing, Pharmacy, Physiotherapy, Psychiatry and alike that. A bona- fide certificate from the college is must.
(vi) The student must have passed in his/her first year medical/para-
medical course with minimum 50% of marks in aggregate while applying this scholarship.
(vii) The student, who is studying in the Government college will be given first preference.
(viii) If no student is available from Government College, student, who is studying from aided college will be given second preference.
(ix) Even if no student is available from the aided college, student, who is studying from private college will be given as last preference.
(B) Conditions/Selection Procedure The students, whoever fulfil the above eligibility conditions, only be considered for further filtering to award scholarship in the following preference. Those conditions are:
(i) The student who secured highest mark in the first year degree course would be selected to award scholarship in the respective category of boy and girl student.
(ii) In the event of more than one student securing equal marks in Page No.7/12 http://www.judis.nic.in A.Nos.1416 and 1417 of 2020 in O.P.No.278 of 1948 the first year degree course, the selection of student would be on the basis of highest mark in their +2 examination.
(iii) Even in the case of more than one students securing equal marks in the first year medical course as well as +2 examination, then the highest marks would be selected to award the scholarship in their NEET or any other system in future.
(iv) Even in the case of more than one students securing equal marks in the first year degree course, +2 examination, as well as NEET, then fresher’s, who cleared the NEET in the first attempt, would be selected to award the scholarship.
(v) Even in the case of more than one students securing equal marks in the first year degree course, +2 examination, NEET, and fresher, then based on their date of birth, the younger would be considered to award the scholarship.
(vi) Even in the case of more than one students, i.e. two students securing equal marks in the first year degree course, +2 examination, NEET, fresher and their date of birth is the same, then the scholarship award would be equally shared.
(vii) If more than two students are eligible to the category of condition (vi), then they are eligible only to cash award of Rs.50,000/- each without any gold medal.Page No.8/12
http://www.judis.nic.in A.Nos.1416 and 1417 of 2020 in O.P.No.278 of 1948 (C) Procedure to call for Application:
The office of the AG & OT have to follow the following procedures step by step to call for application to award scholarship:-
1. This scholarship scheme should be known to general public, particularly the S.T. people, for which Newspaper message be given well in advance through proper procedure. It should also be published in the official website of the AG & OT in future, and in the meantime, through the District Court's website of City Civil Court, Chennai and also other District Courts' website in Tamil Nadu.
2. Advertisement may given in any of leading daily Tamil Newspapers across the State of Tamil Nadu.
3. If necessary, the advertisement may also be given in any one of Daily English Newspapers across the State of Tamil Nadu.
4. The paper publication for public notice shall be given between September and October of every year by giving minimum one month time to apply.
5. The AG & OT must have to write a letter well in advance between September and October of every year to the District Collector / District Social Welfare Officer / District Tribal Department, Directorate of Medical Education, Chennai, Tamil Page No.9/12 http://www.judis.nic.in A.Nos.1416 and 1417 of 2020 in O.P.No.278 of 1948 Nadu Dr.M.G.R.Medical University, Chennai and others, if necessary, with a request to display the notice in their notice board and in possible cases, to circulate the notice to all Medical and para-medical Colleges in their jurisdiction/control to know about the scholarship.
6. As soon as the applications are received, it should be processed and finalised as per the eligibility and other conditions stated in this scheme and the scholarship be awarded within February of the next year. Even in any extraordinary circumstances, the award of scholarship should be given before the end of the financial year, i.e. on or before March 31st.
(i) If the students studying from the Schedule Tribal is poor and there is no second opinion on this point, by way of Doctrine of Cypress, this High Court has power to extend the scope of scholarship to help the poor Schedule Tribe students.
4. In view of the above mentioned report of the AG & OT, to encourage the students from Schedule Tribe, the above applications have been filed for the reliefs stated supra.
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5. This Court heard the submissions made by the learned A.G .& O.T. and perused the materials available on record.
6. Taking into consideration the above report submitted by the learned A.G. & O.T., and on a perusal of the same, this Court accepts the said report and accordingly, both these applications are ordered as prayed for.
19.06.2020 Speaking Orders: Yes rsh/cs To The Administrator General and Official Trustee of Tamil Nadu, High Court, Madras.
Page No.11/12http://www.judis.nic.in A.Nos.1416 and 1417 of 2020 in O.P.No.278 of 1948 R.SUBBIAH, J cs Appln. Nos.1416 & 1417 of 2020 in O.P.No.278 of 1948 19.06.2020 Page No.12/12 http://www.judis.nic.in