Madras High Court
The Official Trustee Of Tamil Nadu vs Unknown on 11 September, 2020
Author: R.Subbiah
Bench: R.Subbiah
A.Nos.1964 and 1965 of 2020
in O.P.No.109 of 1942
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
Application Nos.1964 and 1965 of 2020
in
O.P.No.109 of 1942
(Heard through video conferencing)
The 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 A.No.1964 of 2020 in O.P.No.109 of 1942 is filed praying to permit
the Official Trustee of Tamil Nadu for granting scholarship of Rs.40,000/-
[Rupees Forty Thousand Only] to five [5] students in BC, one [1] student in
BC(M), four [4] students in MBC, three [3] students in SC, one [1] student in
SC(A), and one [1] student in ST categories, totally 15 students, who have
passed and secured highest marks in their B.Ed. degree and studying first year
M.Ed. degree from the Trust Estate of V.T.Chetty surplus funds commencing
from the academic year 2020-2021.
Page No.1/13
http://www.judis.nic.in
A.Nos.1964 and 1965 of 2020
in O.P.No.109 of 1942
Judge's Summons issued under Order XIV Rule 8 of the Original Side
Rules and under Section 25 of the Official Trustee's Act 11 of 1913 and
A.No.1965 of 2020 in O.P.No.109 of 1942 is filed praying to permit the
Official Trustee of Tamil Nadu to meet out the cost of this application and
other incidental expenses to award scholarship for every year from the Trust
Estate of V.T.Chetty.
For applicant in both the applications: Mr.P.Murugan, A.G. & O.T.
COMMON ORDER
A.No.1964 of 2020 in O.P.No.109 of 1942 is filed praying to permit the Official Trustee of Tamil Nadu for granting scholarship of Rs.40,000/- [Rupees Forty Thousand Only] to five [5] students in BC, one [1] student in BC(M), four [4] students in MBC, three [3] students in SC, one [1] student in SC(A), and one [1] student in ST categories, totally 15 students, who have Page No.2/13 http://www.judis.nic.in A.Nos.1964 and 1965 of 2020 in O.P.No.109 of 1942 passed and secured highest marks in their B.Ed. degree and studying first year M.Ed. degree from the Trust Estate of V.T.Chetty surplus funds commencing from the academic year 2020-2021.
2. A.No.1965 of 2020 in O.P.No.109 of 1942 is filed praying to permit the Official Trustee of Tamil Nadu to meet out the cost of this application and other incidental expenses to award scholarship for every year from the Trust Estate of V.T.Chetty.
3. The learned A.G. & O.T. has filed a report, dated 04.09.2020, stating as follows:
i) The office of the Official Trustee has 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 O/o Official Trustee 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 Page No.3/13 http://www.judis.nic.in A.Nos.1964 and 1965 of 2020 in O.P.No.109 of 1942 expenses. Apart from that, as per the orders of the Hon’ble High Court special donation by way of articles, medical equipments, amount by cheque etc. have been made to the NGOs and other institutions based on their request.
ii) 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 generated. The object of the Trust has been done then and there.
iii) In addition to the charities done, whenever surplus amount has been available, once a request has been received from a NGO, Government Institution, an individual for donation either by cash or articles/equipment/vehicle etc. and the same has been considered by this Hon’ble Court and directed the Official Trustee to do the same. It has been done then and there.
iv) The Testator namely, V.Thiruvengadathan Chetty appointed the Page No.4/13 http://www.judis.nic.in A.Nos.1964 and 1965 of 2020 in O.P.No.109 of 1942 Official Trustee of Tamil Nadu to be the Executor and Trustee of his Will dated 29.11.1941. Probate was granted to the Administrator General of Tamil Nadu in O.P.No.109 of 1942. Subsequently the Estate of Rao Bahadur V.Thiruvengadathan Chetty has been transferred to the Office of the Official Trustee of Tamil Nadu as per the order dated 07.04.1977 in Application No.942 of 1977 in O.P.No.109 of 1942. The Trust Estate of V.T.Chetty has various properties and fixed deposits. Out of the income generated from it the charities has been done as per the intension of the Testator and the orders of this Hon’ble Court.
v) In the recent past, the monthly rent was slightly enhanced or vacant property was let out and out of it the said trust estate monthly income has increased. As on 2019-2020, a sum of Rs.1,28,83,516/- is available with the Official Trustee as total surplus amount of the Trust Estate subject to auditor’s final statement / report.
vi) The main purpose of forming a Trust Estate in large number of cases Page No.5/13 http://www.judis.nic.in A.Nos.1964 and 1965 of 2020 in O.P.No.109 of 1942 is to help the society, particularly the poor. Though the office of Official Trustee has been performing and doing the charity as per the intention of the Testator and orders of this Hon’ble Court, there are some surplus amounts which may be utilized to award scholarship to the deserving students who secured highest marks in their B.Ed. degree course and joined in M.Ed. course and to continue their higher education studies. In similar set of facts this Hon’ble Court had already permitted the Official Trustee of Tamil Nadu to award scholarship to students who have passed higher secondary examination with different categories in A.Nos. 5293 & 5294 of 2005 dated 09.12.2005. Recently, to award scholarship to two of Schedule Tribe who has passed any P.G. degree and passed preliminary/eligibility examination of Ph.D. as per the orders in A.Nos.1412 & 1415 of 2020, dated 19.06.2020.
vii) In this regard a letter dated 01.09.2020 has been received from the Principal, Institute of Advanced study in Education, Saidapet [B.Ed. College], Chennai-15. To encourage the first year M.Ed. course students to pursue their studies in various backward class of BC, BC (M), MBC, SC, SC (A), and ST, the Official Trustee is of the view that the scholarship for the purpose of Page No.6/13 http://www.judis.nic.in A.Nos.1964 and 1965 of 2020 in O.P.No.109 of 1942 purchasing books, payment of fees and project works etc., may be given to the deserving students with a sum of Rs. 40,000/- for each student in the following categories:
State No. of Students in Sl. Class Government Proportionately No. Reservation 1. BC 26.5% 5 2. BC(M) 3.5% 1 3. MBC 20% 4 4. SC 15% 3 5. SC(A) 3% 1 6. ST 1% 1 Total 69% 15 For the 15 students, who have passed and secured highest marks in their B.Ed. course in the above mentioned class, the total sum of Rs. 6,00,000/- will be required for every year from the Trust Estate of V.T.Chetty. As the said trust estate is having surplus fund of Rs.1,28,83,516/-, scholarship may be given with this available surplus funds w.e.f. academic year 2020-2021. There is no difficulty to award scholarship to students in three types in addition to the annual scholarship to Arya Vysya community students studying in colleges as per the request of the Pachayappa’s College, Chennai. As of now, there are Page No.7/13 http://www.judis.nic.in A.Nos.1964 and 1965 of 2020 in O.P.No.109 of 1942 seven Government colleges to teach M.Ed. courses in the State of Tamil Nadu. They are two in Chennai, and each one in Orathanad, Kumarapalayam, Vellore, Pudhukkottai and Coimbatore respectively. If any new colleges opened by the Government in due course, that colleges also come under this scholarship.
viii) The eligibility criteria and selection procedure for scholarship for awarding the scholarship is given below:-
(A) Eligibility for Scholarship Award
(i) The students should have been residing in the state of Tamil Nadu.
(ii) The students must have passed B.Ed. Degree in regular college within the course period. It means, when the student comes out of the college, he should have passed all the papers and obtained degree.
(iii) This scholarship is applicable only to the students who are studying in first year M.Ed. course and not for second year Page No.8/13 http://www.judis.nic.in A.Nos.1964 and 1965 of 2020 in O.P.No.109 of 1942 M.Ed. course.
(iv) Scholarship award will be given to BC, BC (M), MBC, SC, SC (A), and ST students.
(v) The students who secured highest mark in the above referred community only will be selected for award of scholarship.
(vi) In the event of no student available from BC (M) to benefit this scholarship, since BC (M) is internal reservation from BC the next topper mark student from BC will be entitled to get the scholarship.
(vii) In the event of no student available from SC (A) to benefit this scholarship, since SC (A) is internal reservation from SC the next topper mark student from SC will be entitled to get the scholarship.
(B) Topper List Call for
(i) The topper list of one to five students from each M.Ed. College Page No.9/13 http://www.judis.nic.in A.Nos.1964 and 1965 of 2020 in O.P.No.109 of 1942 based on their B.Ed. degree marks in various communities’ categories with data of name, date of birth, address, phone number, e-mail, college name and address etc. will be called for from the Directorate of College Education [DCE], Chennai in the month of September - October for every year.
(ii) The scholarship will be awarded for the students who stood topper in the respective categories communities after consolidation and finalised by the office of Official Trustee based on the Directorate of College Education [DCE] list.
(iii) The selected students will be intimated through mail correspondence for certificate verification and advance stamp call for.
(iv) The selected students as per clause (C) will be honoured by scholarship of Rs.40,000/- by cheque and the same will be sent either by post or NEFT transfer either to the students name or their parents name before end of the month of November -
December of every year.
Page No.10/13 http://www.judis.nic.in A.Nos.1964 and 1965 of 2020 in O.P.No.109 of 1942 (C) Conditions for Selection Procedure The students, whoever fulfils the above eligibility conditions, only be considered for further filtering to award scholarship in the following preference. Those conditions are:
(i) In the event of more than one students secured equal marks in the B.Ed. degree in respective categories, then among them the youngest one (according to date of birth) will be awarded scholarship.
(ii) If more than one students fulfilled the above (i) condition, then a lottery method will be conducted to select a student to award the scholarship.
If the students studying M.Ed. course in the Government Colleges are generally poor and there is no second opinion on this point, by way of Doctrine of Cypress, this Hon’ble High Court has power to extend the scope of scholarship to help the meritorious students from all class of people. Page No.11/13 http://www.judis.nic.in A.Nos.1964 and 1965 of 2020 in O.P.No.109 of 1942
4. Hence, 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.
11.09.2020 Speaking Orders: Yes pvs To The Administrator General and Official Trustee of Tamil Nadu, High Court, Madras.
Page No.12/13 http://www.judis.nic.in A.Nos.1964 and 1965 of 2020 in O.P.No.109 of 1942 R.SUBBIAH, J pvs Appln. Nos.1964 and 1965 of 2020 in O.P.No.109 of 1942 11.09.2020 Page No.13/13 http://www.judis.nic.in