Madras High Court
Official Trustee Of Tamil Nadu vs Unknown on 19 June, 2020
Author: R.Subbiah
Bench: R.Subbiah
A.Nos.1405 and 1406 of 2020 in C.S.No.221 of 1931
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
Application Nos.1405 and 1406 of 2020 in C.S.No.221 of 1931
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.1405 of 2020 in C.S.No.221 of 1931 (in the matter of
New Town Prayer Meeting Hall Trust) 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 NTP Hall.
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.1406 of 2020 in C.S.No.221 o 1931 (in the matter of
New Town Prayer Meeting Hall Trust) is filed praying to permit the Official
Trustee of Tamil Nadu for granting scholarship of Rs.1,00,000/- and one
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A.Nos.1405 and 1406 of 2020 in C.S.No.221 of 1931
sovereign Gold Medal each to one trans-man student and one trans-woman
student from the Third Gender (transgender) class in Tamil Nadu who has
passed with minimum 50% marks or equivalent grade system in their +2
final examination and studying under-graduate course subject to passing of
first year all papers/syllabus with 40% marks aggregate from the Trust
Estate of NTP Hall surplus funds commencing from the academic year
2019-2020 of degree course.
For applicant in both the applications: Mr.P.Murugan, A.G. & O.T.
COMMON ORDER
Appln.No.1405 of 2020 in C.S.No.221 of 1931 (in the matter of New Town Prayer Meeting Hall Trust) 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 NTP Hall.
2. Appln.No.1406 of 2020 in C.S.No.221 o 1931 (in the matter of New Town Prayer Meeting Hall Trust) is filed 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 trans-man student and one trans-woman student from the Third Gender (transgender) class in Tamil Nadu who has passed with minimum 50% marks or equivalent grade system in their +2 Page No.2/11 http://www.judis.nic.in A.Nos.1405 and 1406 of 2020 in C.S.No.221 of 1931 final examination and studying under-graduate course subject to passing of first year all papers/syllabus with 40% marks aggregate from the Trust Estate of NTP Hall surplus funds commencing from the academic year 2019-2020 of degree 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 in Fixed Deposits. Out of the rental and interest income, the Office of the 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 orders 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.
(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 Page No.3/11 http://www.judis.nic.in A.Nos.1405 and 1406 of 2020 in C.S.No.221 of 1931 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 has been considered by this Court and the Official Trustee was directed to do the same. It has been done then and there.
(d) The Trust known as "The New Town Prayer Meeting Hall Trust"
is being administered by the Official Trustee of Tamil Nadu as per the Scheme framed in C.S.No.221 of 1931 on the file of this Court. The Trust Estate of NTP Hall has various properties and Fixed Deposits. Out of the income generated from it, the charities has been done as per the intention of the Testator and the orders of this Court.
(e) As on 2019-2020, a sum of Rs.74,96,836.85 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 AG & OT have been performing and doing the charity as per the intention of the Testator and orders of this Court, there are some surplus amount which may be utilized to award scholarship to the deserving students who secure Page No.4/11 http://www.judis.nic.in A.Nos.1405 and 1406 of 2020 in C.S.No.221 of 1931 highest marks in their +2 examination and continuing their higher studies of 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 orders in A.No.5293 of 2005 and A.No.5294 of 2005.
(g) The people, particularly Third Gender (Transgender) is living in a poor condition having no adequate resources and access to education. To encourage the students from the Third Gender, a scholarship scheme may be framed from the surplus funds available in the Trust Estate of NTP Hall.
The scholarship scheme is awarding Rs.1,00,000/- with one sovereign Gold medal to one one Trans-Man student and one Trans-Woman student who secure highest marks in their +2 examination and doing under graduate degree subject to passing of all papers/syllabus in the first year degree course from the Third Gender [Transgender] people across the state of Tamil Nadu.
(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 Third Gender (Transgender) residing in Tamil Nadu. A proof of certificate from competent authority is essential.Page No.5/11
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(ii) The student must have passed the High Secondary examination (+2) with minimum 50% marks or equivalent grade system.
(iii) The student must have studied in the Government / Aided / Corporation / Municipal / Orphanage School in the State of Tamil Nadu.
(iv) The student should have been studying in any one of the under graduate degree courses in regular college.
(v) The student must have passed in the first year degree course with minimum 40% of marks in aggregate.
(vi) The student who is studying in the Government college will be given first preference.
(vii) If no student is available from Government college, student, who is studying in aided college will be given second preference.
(viii) Even if no student available from the aided college, student, who is studying in private college will be given as last preference.
(B) Conditions for Scholarship:
The students, whoever fulfil the above eligibility conditions, only be Page No.6/11 http://www.judis.nic.in A.Nos.1405 and 1406 of 2020 in C.S.No.221 of 1931 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 students securing equal marks in 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 degree course as well as +2 examination, then the fresher’s, whose study is continuing without break after +2, would be selected to award scholarship.
(iv) Even in the case of more than one students standing as equal marks in the first year degree course, +2 examination, fresher, then based on their date of birth, the younger would be considered for award of scholarship.
(v) Even in the case of more than one students i.e. two students standing as equal marks in the first year degree course, +2 examination, fresher, and their date of birth is the same, then the scholarship award would be equally shared.Page No.7/11
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(vi) If more than two students are eligible to the category of condition (v), then they are eligible only to cash award of Rs.50,000/- each without any Gold medal.
(C) Procedure to call for Application The Office of 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, for which Newspaper message be given well in advance through proper procedure. It should also be published in the official website of AG & OT in future, and in the meantime, through the District Court website of the City Civil Court, Chennai and also other District Courts website in Tamil Nadu.
2. Advertisement may be given in any of leading daily Tamil Newspapers across the state of Tamil Nadu.
3. If necessary, the advertisement may also be published in any one of daily English Newspapers across the State of Tamil Nadu.
4. The paper publication for public notice shall be given in September and October of every year by giving minimum one month time to apply.Page No.8/11
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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, Tamil Nadu State Government Social Welfare Department and others, if necessary, with a request to display the notice in their notice board and to possible cases, circulate the notice to all Colleges/ Universities 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 award the scholarship 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) The students studying from the Third Gender (Transgender) Class is poor and there is no second opinion on this point. Generally, they are neglected people in the society. By way of Doctrine of Cypress, this Court has power to extend the scope of scholarship to help the poor Third Gender [Transgender] students.
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4. In view of the above mentioned report of the AG & OT, to encourage the students from the Third Gender (transgender), the above applications have been filed for the reliefs stated supra.
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.10/11http://www.judis.nic.in A.Nos.1405 and 1406 of 2020 in C.S.No.221 of 1931 R.SUBBIAH, J cs Appln. Nos.1405 and 1406 of 2020 in C.S.No.221 of 1931 19.06.2020 Page No.11/11 http://www.judis.nic.in